By Sri.M.P.Chandrakumar, Member :
The case of the complainant is that he had purchased medicines including one strip of PRUBAN tablets (10 no’s) from the 1st opposite party shop on 12-09-15., vide bill no 32356 dated 12-09-15 for Rs.251.66/- .It has been printed on the strip that the said tablets were manufactured by the 3rd opposite party an ISO 9001: 2008 & GMP certified company and marketed by the 2nd opposite party. However, when the complainant came to his house and opened the strip of PRUBAN tablets for consumption, no medicines were found in the said strip. The said strip is packed empty without medicines. As such, the complainant was not able to consume the tablets in time. The complainant was shocked with the said situation and it resulted in mental strain and financial loss to him. The complainant says that in this case, the certification has been made on an empty strip and not the medicine and as such, the quality of the medicine is also doubtful and challenging. The negligence and deficiency in medical field with regard to medicine cannot be tolerated and repeated any more. According to the complainant, the very acts of the opposite parties are opposed to law and service principles and deficiency of service. The complainant therefore issued a lawyer notice to the three opposite parties dated 9-10-15 which were received by them. The 3rd opposite party has file reply with false facts. Hence the complaint filed with prayers for compensation and costs.
2. In the version filed, OP1 denying all the allegations raised against him states that .the complainant brought a strip of tablets from the store at about 5p.m. in the evening of 12-09-15 .After about an hour, he returned to the store and reported that the strip he brought was empty of tablets. Immediately, the opposite party, the Manager of the shop expressed his willingness to replace the empty strips or refund the amount. But, the complainant objected the replacement and demanded compensation of Rs.10, 000/- for putting him in to difficulties. However, since the opposite party was unable to afford this, the problem could not be solved. Thereafter, the complainant sent a lawyer notice to the opposite party, alleging false and untenable conditions. Even then, once again the opposite party approached the complainant to settle the matter amicably. However, the complainant was not ready for amicable settlement.
3.In the version filed, OP2 states that they does only the marketing of the medicines including PRUBAN, manufactured by the 3rd opposite acclaimed party. Thus they have been un-necessarily made a party in the complaint.
4. In the version filed, OP3 states that as and when the complainant informed the matter, the complainant had been informed that they are ready to replace the strip of medicine. But, the complainant didn’t heed to this request and rushed to the forum to file the complaint, with the ulterior motive to tarnish the image and reputation of the opposite parties and to make unlawful gain out of this trivial issue. They further state that despite every precaution which can be taken humanly, due to some mis-functions of the machinery, the strip might have come empty. But, this is highly imaginable; since the third opposite party is a well acclaimed ISO certified and accepted company in this field. Considering all the above, the complaint may be dismissed with costs
5.The points for consideration are
1. Is there any deficiency of service on the part of the opposite parties?
2. If so, compensation and costs
6.Evidence consists of proof affidavit filed by the complainant and counter proof affidavit filed by the opposite party. The complainant has filed documents marked as Exts. P1 to P5 whereas no documents have been produced as evidence by the opposite parties. The empty strip of the medicine has been marked as MO1.Ext.P1 is the bill dated 12-09-15; Ext. P2 is the copy of lawyer notice dated 9-10-15 of the complainant to the opposite parties; Ext. P3 series are the postal receipts ; Ext. P4 series are the A/D cards; Ext. P5 is the reply of the opposite party 2& 3 to the complainant.
7.We have studied the case in detail. We have understood the difficulties faced by the complainant, which is clear from the following words of the complainant in the petition’’ When the complainant came to his house and opened the strip of PRUBAN tablets for consumption, no medicines were found on the strip. The said strip is packed empty without medicines……………………………..consumer was not able to consume the medicines in time. Complainant was shocked with the said situation and it resulted in mental strain and financial loss to him. Complainant is not benefitted by the payment made by him. Moreover, it leads to mental pain and suffering to the complainant. Here, there is deficiency of service and unfair trade practice .from the side of the opposite parties. The negligence and deficiency of service in medical field cannot be tolerated. It may not be repeated any more. The very acts of the opposite parties are opposed to law and service principles and are deficiency of service.’’
We are of opinion that medicines prescribed by a doctor are to be consumed in time, so as to get timely relief from the ailment affecting a consumer. The medicine has been purchased to enable this purpose. It is thus a fact that the complainant was unable to consume the medicine in time. We are thus bound to believe in the argument of the complainant and redress his grievances, ignoring the various reasons put forward by the opposite parties. We are of strong opinion that the opposite parties should take utmost care in all sectors of medicines. We also strongly believe that the act of the opposite parties in selling empty strip of medicines amount to deficiency of service and unfair trade practice, and that this should not be repeated by anyone.
8.In the result, the complaint is allowed. The 1.st opposite party from whom the purchase was made, is directed to refund Rs.24.65 (Rupees Twenty four and paise sixth five only) to the complainant with 9% interest for the amount from 12-09-15, the date of purchase, in addition to compensation and cost of Rs.5000/-(Rupees Five thousand only), within a month of the date of receipt of this order. OP1 can recover that amounts from OP3 , the manufacturer.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of September 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits
Ext.P1 Bill dated 12-09-15;
Ext. P2 copy of lawyer notice dated 9-10-15
Ext. P3 series - postal receipts ;
Ext. P4 series - A/D cards;
Ext. P5 Reply of the opposite party 2& 3
MO1 - Empty strip of the medicine
Id/-
Member
