KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

FIRST APPEAL 51/2011

JUDGMENT DATED: 31..01..011

PRESENT

SMT.VALSALA SARANGADHARAN                : MEMBER

SRI.S.CHANDRAMOHAN NAIR                         : MEMBER

Proprietor,                                                             : APPELLANT

Matha Medicals(Chemists and Druggists)

Near Govt, Hopsital, Erumapetty.

(By Adv.P.K.Venugopal)

                Vs.

1. P.K.Ibrahim,                                                      : RESPONDENTS

    Puthenpeedikayil,

    Varavoor, Palakkad.P.O.,

    Thalappally Taluk.

2.  Assistant Drugs Controllar,

     Chembukkavu, Thrissur.

JUDGMENT

SMT.VALSALA SARANGADHARAN       : MEMBER

          This appeal preferred against the order dated 5..10..2010 of CDRF, Thrissur in CC.150/07.  The appellant/1^st opposite party is under orders to pay a sum of Rs.5000/- as compensation to the complainant.

          2.The case of the complainant is that he is a diabetic patient and was under the treatment.  On 8.9.06 there occurred an injury on his right foot and he consulted the doctor and he purchased medicines prescribed by him from the 1^st opposite party by showing the prescription.  Even after one month the injury was not healed and he again consulted the doctor and was advised  to continue the same medicine.  Even after the consumption of the medicines the injury was not healed and he again consulted the doctor on 3.11.2008 and showed the medicines to the doctor. Then it was understood that the ointment given by the 1^st opposite party was not the ointment prescribed by the doctor.  The complainant enquired the matter with the 1^st opposite party.  He again gave the same ointment.  Hence alleging deficiency in service and unfair trade practice on the part of the 1^st opposite party,  he filed the complaint before the Forum.

          3. The opposite parties were ex-parte before the Forum.

          4. The evidence adduced consisted of Exts. P1 to P4.

          5. We heard the learned counsel for the appellant/1^st opposite party. He submitted that on receipt of the notice from the Forum,  the appellant/1^st opposite party entrusted the case to a counsel.  Though the counsel filed version, she did not properly conduct the case before the Forum below.  Subsequently on enquiry it was revealed that on 5.10.10 the Forum below passed ex-parte order by which the appellant was directed to pay a sum of Rs.5000/- as compensation to the complainant.  Hence the appellant requested for an opportunity to adduce evidence and contest the case before the Forum below as he has got a strong case against the complainant/ 1^st respondent.

          6. We find that it would be appropriate to provide an opportunity to the appellant to contest the matter before the Forum below.  In the circumstances the order of the Forum   is set aside and the matter is remanded to the Forum on condition that that the appellant shall deposit a sum of Rs.2000/- before the Forum within one month from today.  The above amount can be withdrawn by the complainant.  The Forum is directed to give notice to the complainant and permit both parties to adduce evidence in support of their contentions if they so desire and dispose of the matter on merits.

          The matter will stand posted before the Forum on 17..3..2010.

          Office is directed  to transmit the copy of this order to the Forum urgently.             

          SMT.VALSALA SARANGADHARAN                : MEMBER

          SRI.S.CHANDRAMOHAN NAIR                         : MEMBER

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