By Sri.M.P.Chandrakumar., Member :
The case of the complainant is that he, being a diabetic patient for the last 10 years, approached the opposite party medical store for his regular medicines including injection, on 1-12-13. The salesman, after giving the medicines, gave him a bill for Rs.266.21. Since the complainant understood that the amount of Rs.266.21 is more than the prevailing price and that there is some mistake, he asked the salesman to rectify the mistakes. But, the salesman collected back the medicines and the bill. When the complainant talked the matter over phone to the owner of the medical shop, he also directed the salesman, not to issue medicine to the complainant and thus put the complainant in difficulties. However, since the complainant was in need of insulin, he was compelled to purchase the same at high price from the opposite party’s shop. At this time, instead of noting his correct name , the name of the hospital and the doctor, the salesman purposefully gave the bill in the name of ‘’Mohanan’’ ,instead of the original name ‘’Reghuthaman’’ and the name of the hospital as ‘’Thrissur Co-operative Hospital ‘’. According to the complainant, the opposite party has also realized an excess amount of Rs.29/- for the medicines. The complainant therefore issued a lawyer notice in the matter to the complainant, for which reply was received stating false things. Hence the complaint filed with prayers to direct the opposite party, to refund Rs.29/- , being the excess amount realized, in addition to compensation and costs.
2.In the version filed the opposite party states that the complainant has not purchased medicines from the opposite party’s shop on 1-12-13 .The medicines for Rs.266.21/-, vide bill No. 086514, and were purchased by one Sri.Mohanan, as per the prescription issued from Thrissur co-operative Hospital. No such incident, as mentioned in the complaint, occurred there. The opposite party further states that in all the bills issued, it is printed as follows ‘’ if any excess amount is collected in this bill by oversight, it will be refunded ‘’. Also, the fact that the complainant has not declared the name of the medicines or the name of the doctor in the complaint highlights the fact that the matter is a foul play. They contended that since there is no relationship and transaction between the complainant and the opposite party institution, the complainant cannot be treated as a consumer and the alleged dispute will not come under the purview of the consumer protection act. The opposite party further states that they have send a reply to the lawyer notice dated 24-12-13, on 08-01-2014, stating true facts. The further contention is that the petition has been filed at the instigation of the private medical shop owners running business. If the complainant produces the respective bill, the prescription of the doctor etc, the foul pay can be understood. Considering the above, the prayer is to dismiss the complaint with cost.
3.The points for consideration are
1. Is there any deficiency of service or unfair trade practice on the part of the opposite party?
2. If so, compensation and costs
4.Evidence consists of oral testimony of PW1, proof affidavit filed by the complainant and counter proof affidavit filed by the opposite party. The documents filed by the complainant has been marked as Exts. P1 to P6. Ext. P1 is the bill dated 1-12-13 in the name of one Sri.Mohanan ; Ext. P2 series consists of the Photostat of the bill no. 643217 dated 18-04-12 of Sevana medicals ,Tsr & bill no. 086514 dated 1-12-13 of Neethi Medical Store, Nadathara ; Ext. P3 is the prescription of the District Hospital . Thrissur; Ext. P4 is the lawyer notice dated 24-12-13 of the complainant to the opposite party; Ext. P5 is the postal receipt ; Ext. P6 is the reply dated 4-01-14 of the opposite party to the complainant.
5.The Forum has gone in to the details of the case and gone through all the records produced. The argument of the complainant is that Rs.29/- has been realized from him, in excess. But, neither the petition nor the proof affidavits filed does not explain, how he has arrived at the contention that Rs.29/- has been realized in excess. However, Ext. P4 lawyer notice states that instead of realizing Rs.238.13, an amount of Rs.266.21/- has been realized by the opposite party. Accordingly the forum has gone through Ext. P2 bill for Rs.238.13. It can be seen that this amount is the amount arrived at, after giving certain % of discounts. Offering of discounts is the sales promotion activity adopted by certain businessmen. The Forum cannot give a direction to the opposite party in the matter. As such , we cannot find any justification in the prayers raised by the complainant .
The complaint therefore stands dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 28th day of February 2018.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext. P1 Bill dated 1-12-13
Ext. P2 series – Copy of bills dated 18-04-12 & 1-12-13
Ext. P3 Prescription of the District Hospital Thrissur;
Ext. P4 Lawyer notice dated 24-12-13
Ext. P5 Postal receipt ;
Ext. P6 Reply dated 4-01-14
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Member
