Ld. Advocate(s)

                   For Complainant: Pritha Mondal

                   For OP/OPs : Navojit Mukherjee

Date of filing of the case                  :17.04.2019

Date of Disposal  of the case            : 23.03.2023

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Final Order / Judgment dtd.23.03.2023

                   Complainant above named filed the present complaint u/s 12 of the Consumer Protection Act, 1986 praying for compensation amounting to Rs.50,000/- (Rupees fifty thousand) .

          They alleged in the petition of complaint that complainant No.1 was treated by IPGME & R and doctor of the said Hospital advised some medicines including Vit-K injection. Complainant No.2 went to the shop of OP but OP supplied another injection namely Potassium Chloride. Complainant NO.2 made a query from an experienced person and came to learn that said Potassium Chloride Injection may cause severe damaged of health. Thereafter, he went before the OP and requested him to change the medicine but OP turned down the complainant No.2 and abused him.

          Hence, this case.

          OP appeared in this record and filed W/V and denied the entire allegations and contended that cash memo attached in the record does not bear the name of patient so it cannot be said that said injection has been sold to the complainant for the desired medicine as asked by them.

Trial

During trial affidavit in chief has been filed on behalf of the complainant. He files certain documents. OP also did not file any affidavit in chief or documents.

Documents

Complainant produced the following documents viz :

1) Xerox copy of Discharged Summary dtd. 13.05.2015.....(One sheet)....(Annex-1)

2) Xerox copy of ERCP Report dtd. 24.07.2018.......(One sheet).......(Annex-2)

3) Xerox copy of Basic Details dtd. 22.11.2018......(One sheet).........(Annex-3)

4) Xerox copy of ERCP Report dtd. 27.11.2018.......(One sheet).......(Annex-4)

5) Xerox copy of bill of Medicine particulars issued by Lokenath Medical Store dtd.25.11.2018.......(One sheet)......(Annex-5)

6) Xerox copy of letter of CAB dtd. 21.01.2019.......(One sheet).......(Annex-6)

7) Original copy of cash memo dtd. 25.11.2018

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Decision with Reasons

It is the allegation of complainant as mentioned in the petition of complaint that complainant No.1 Minor Jeet Pal was suffering from Pancreatitis since 2015 and for his better treatment, he was treated by SSKM Hospital & IPGME &R. In the treatment sheet, doctor prescribed some medicine such as Pantoprazole tablet, ultracet and also prescribed a Vit- K injection.

 OP is a renowned medicine shop. He gave 3 AMP of injection against cost of Rs. 90/- and issued one cash memo vide no. 95505 dtd. 25.11.2018.

 Complainant no. 2 made quarry by an experienced person and came to learnt that the aforesaid medicine as Potassium Chloride and using of the said medicine can cause severe damage of health.

 Thereafter, complainant no. 2 went before OP and requested him to replace the medicine but OP turned down the complainant no. 2 by abusive language.

OP appeared in this record and filed W/V and denied the entire allegations.

 He contended that the complainants have not shown any document where from it shall be ascertained that medicine have been purchased by the complainants against the prescription which is attached with the complainant No.1.

 Perused the record and we find that IPGME &R  issued one prescription   in favour of the complainant no. 1 on 24.07.2018.

 They also issued another document dtd. 22.11.2018. In the document dtd. 22.11.2018 one injection that Vit-K injection10 mg has been prescribed.

 Perused the cash memo of OP. In the said cash memo, in the column of particular it has mentioned “3 X Potassium Chloride injections”. It is the  allegation of the complainant that OP supplied a medicine which was not mentioned in the prescription issued by Dr. Kshaunish Das of IPGME & R.

 But in the said Cash Memo name of patient has not mentioned. Name of doctor also not mentioned. So we do not find any relation in

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between the aforesaid Cash Memo and prescription issued by Dr. Kshaunish Das.

The name of patient has not mentioned in the said Cash Memo. So we are unable to accept that said medicine that “3X Potassium Chloride injection” were supplied to the complainant no.1 with the cost of Rs. 90/-.

 Having regard to the facts and circumstance of this case, documents on record and having regard to the aforesaid discussion, we are of the firm view that complainants have failed to establish their case by sufficient evidence.

 In the results present case fail.

Hence,

It is

                                                Ordered

that the present case be and the same is dismissed  on contest against the OP but without any order as to cost.

Let a copy of this order be supplied to the parities as free of cost.

Dictated & corrected by me

 ............................................

                PRESIDENT

(Shri   DAMAN PROSAD BISWAS,)        ..................... ..........................................

                                                                                                                          PRESIDENT

                                                                        (Shri   DAMAN PROSAD BISWAS,)     

I  concur,

                                                                                                    ........................................                                                 

          MEMBER                                                                 

(NIROD  BARAN   ROY  CHOWDHURY)