. IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD consumer case(CC) No. C.C.42/07
Niyas.P.K.
...........Appellant(s)
Vs.
Proprietor
...........Respondent(s)
BEFORE:
1. K.T.Sidhiq 2. P.P.Shymaladevi 3. P.Ramadevi
Complainant(s)/Appellant(s):
1. Niyas.P.K.
OppositeParty/Respondent(s):
1. Proprietor
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
. Date of filing : 12-06-07 Date of Order : 15-07-07 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.No.42/07 Dated this, the 15th day of July 2008 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Niyas.P.K, S/o.Iqubal, R/at Muriyanavi, P.K. House, } Complainant Po.Kanhangad. Proprietor, New Medicals, } Opposite party Near Surgi Care Hospital, Kanhangad. O R D E R SRI.K.T.SIDHIQ, PRESIDENT The case of the complainant in short is that the opposite party has dispensed medicines which were not prescribed by the doctor and as he consumed the tablets dispensed, he suffered. 2. Notice to Opposite party Proprietor, New Medicals was issued in correct address. The notice was served on the opposite party, but he neglected appear and present his version before the Forum, hence he was set exparte. Thereafter the matter was proceeded basing on the evidence brought by Niyas, the complainant. 3. Niyas produced Ext.A1, the prescription issued by Dr.K.Ramesh Bhat to him on 8-6-07. Ext.A2 is the bill issued from New Medicals to Niyas. On comparing the Exts A1 & A2 it is clear that the medicines dispensed to him by New Medicals is not the medicine prescribed by the doctor. Counsel appearing for Niyas submitted that it is rampant among the Medical shops to substitute the medicines which were prescribed by the doctors in order to make more profits depending on the profit offered by Pharmaceuticals and Niyas is happened to be a victim of such an unfair trade practice of the Proprietor, New Medicals. There is nothing to contradict the averments of Niyas. Therefore the complaint is allowed and the Proprietor, New Medicals, Kanhangad is hereby directed to pay a compensation of Rs.20,000/- to Niyas for the loss and hardship suffered by him. Proprietor, New Medicals further directed to discontinue the unfair trade practice of dispensation of alternative medicines than what is adviced by medical practitioners. Time for compliance of this order is 15 days from the date of receipt of copy of order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Prescription. A2. Bill issued by Opposite party to complainant. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
