IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 74/S/2014.                  DATED : 23.02.2016.            

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBER                : SMT. PRATITI BHATTACHARYYA.

COMPLAINANT                 : SMT. JAYA BARAL,  

  W/O Sri Jagadish Baral,

  Vill.- Kumar Shing Jote,

  P.O. & P.S.- Kharibari,

  Dist.- Darjeeling, Pin – 734 427.

O.P.                                                : PROPRIETOR OF MUKUNDA MEDICAL

  HALL,

  Nivedita Market, Hospital Road,

  Siliguri – 734 001.

FOR THE COMPLAINANT         : Sri Kushal Chakraborty, Adv.

J U D G E M E N T

Sri Biswanath De, Ld. President.

The complainant’s case in brief is that she purchased some medicines for a sum of Rs.483/- from the OP on 15.04.2014, and on 29.05.2014 she went to another doctor for cross-check up when she was prescribed some new medicines.  The complainant went to the shop of the OP for return of the unused medicines, since the OP had verbally assured her that it would take return of unused medicines.  The OP calculated the price of the unused medicines at Rs.237/-, but the cost of the new medicines prescribed by the second doctor was Rs.63/- only.  The OP issued a return slip of Rs.174/-, and asked the complainant to come on the following day, since the new medicine prescribed by the second doctor was out of stock.  The complainant insisted that the OP should supply her the new medicines expeditiously or to refund the return amount so that she could purchase the medicines from another shop, but the OP did not agree to do so.  The complainant made repeated

Contd…….P/2

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attempts to obtain the necessary medicines from the OP, but she did not obtain either the new medicines, or the refund of the return amount, and her husband was compelled to purchase the new medicines from another shop.  Accordingly, the complainant filed this case praying that the OP be directed to refund her the said sum of Rs.174/-, and she prays for compensation and cost of litigation as well. 

OP files Written Version denying inter-alia all the material allegations raised by the complainant.  The OP claimed that the document of medicine return slip of 29.05.2014 is false and fabricated.  Accordingly, the OP prays order for dismissal of the case.

Points for decision

1.       Whether there is deficiency in service on the part of the OP ?

2.       Whether the complainant is entitled to get the relief as prayed for ?               

Complainant has filed the following documents :-

1.       Xerox copy of Physician Prescription (Dr. Uttam Mazumder).

2.       Xerox copy of Physician Prescription (Dr. S. Banik).

3.       Xerox copy of Estimate Voucher Medicine Purchase.

4.       Xerox copy of medicine return slip.

5.       Xerox copy of medicine cash memo.

Complainant did not file evidence –in-chief.

OP has filed Evidence-in-chief.

OP has also filed written notes of argument. 

Decision with reason.

          All the issues are taken up together for the brevity and convenience of discussion.

The complainant filed two Xerox copies of documents which is not readable and another copy of prescription.  Sl. No.3 is an estimate without any signature anywhere.  Sl. No.4 is another paper.  There is no original document filed by any side.

After going through the petition of both sides, it appears that the complainant filed this case for Rs.174/- on the ground which is not

Contd…….P/3

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specifically stated in the petition that he is entitled to get return of Rs.174/- from the OP.  It is the complainant who has to prove that he was suffering from disease and that he was treated by doctor and that doctor prescribed medicine and that the complainant went to the medicine shop of OP to purchase the medicine and that he purchased the medicines.  Not a single paper regarding treatment and purchase has been filed by the complainant.  Only some papers have been filed nor the complainant himself adduced evidence neither the doctor has been produced to give evidence nor those medicines or sample of medicines were produced before this Forum for eyeing the same.  From these papers, in the record nothing can be inference and nothing can be told.  The document filed by the complainant as per his allegation is itself not proved and not reason.  So, the case fails for want of evidence. 

Hence, it is

                   O R D E R E D 

that the Consumer Case No.74/S/2014 is dismissed on contest.

Let copies of this order be supplied to the complainant free of cost.                

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