SMT. RAVI SUSHA: PRESIDENT

Complainant filed this complaint U/s 12 of Consumer Protection Act 1986 against opposite parties, seeking to get an order directing opposite parties to pay Rs.3,16,829/- towards compensation alleging unfair trade practice on the part of OPs.

The facts in brief are that the complainant on seeing an advertisement (copy attached) in a reputed local daily dated 03/04/2017 offering amazing relief in osterothritical pains especially knee pain and back-ache, he met the OP who is based in Trichur, but visiting Medi city at Thana every Wednesday of the week, at his clinic on 05/04/2017 and started his treatment.  Complainant was assured by the OP that even very old pain      (luckily my pain was only 2 months old) will disappear if we abide by his method of Magnetic Treatment.   Complainant told that he will have to go through 21 bandages within a time span of 10 weeks to get the best results.  That means @ 2 bandages per week with each bandage allowing to remain on the knee for 24 hours.  Besides, the patient will be given Magnetic energy through electric current for 1 hour every week.  The patient is also asked to apply a soil-paste and magnetized oil on the knee each allowing @ 1 hour every day.  Despite religiously abiding by these procedures even after 12 bandages (in 6 weeks) he never felt any relief from the pain, rather the initially felt mild pain developed into severe pain.  When he discussed about the doubling of pain with the doctor, he went on assuring and re-assuring that “don’t worry, you will get definite relief” very soon.”  It is submitted that alarmed at the zero result and “heightened pain” even after18 bandages were over complainant became suspicious about the efficacy of the treatment.  Complainant wanted to share his anxiety with the OP and went to the hospital on Wednesday 07/06/2017, but was told that the doctor did not come that Wednesday.  Complainant came back without continuing the treatment from that day and wrote a letter (copy attached) to the doctor conveying my deep disappointment and frustration.  Complainant has also sent out a mail unfortunately, neither the committee nor the doctor replied to him till date.  It is also stated that on 31/05/2017 the respondent No.2 has passed electric current to the right knee of the complainant without taking adequate precautions and as a result complainant has suffered severe burn injury and felt severe pain on the knee.  The complainant was forced to discontinue the treatment.  As a result of this the complainant pain was aggravated and the condition of the complainant was worsened that the condition at the time of staring the treatment.  The complainant has suffered severe pain for more than one month due to the above act of the respondent No.2.  As a prudent doctor the respondent no 2 ought to have taken adequate precautions before applying electric current directly to the knee of the complainant.  Hence this complaint U/s 12 of Consumer protection Act for directing OPs to refund.

OP No.1 despite service, neither appeared nor contest the matter, hence OP No.1 was set ex-parte  and proceeded against OP No.1.

OP No.2, in his version, denied all the allegations against him and stated that all allegations raised by the complainant are false.  It was further stated that the complainant falsely averred that as per the advertisement and promises of the OPs, it was assured that amazing relief on osteorathrical pains especially knee pain and back ache, having very old knee pain and back ache, contact 2^nd OP to get relief from pain by applying the Magnetic treatment of 2^nd OP, Visit OP No.1 medical centre every Wednesday  in the week.  OP No.2 denied that the complainant became his patient or he never treated complainant and also it is stated that he does not know neither the complainant nor OP No.1.  According to OP No.2 the complainant’s case was a bunch of lies was not maintainable against him.  All the averments of the complaint, were denied, being wrong OP No.2 denied the prescription and cash receipt produced by the complainant.  It was further stated that there was no unfair trade practice on his part and no fraud was played.  Hence prayed for the dismissal of complaint against him.

The complainant and OP No.2 led evidence, in support of their case, Complainant filed affidavit and documents Ext.A1 to A4 and MO1.  2^nd OP filed affidavit and one document Ext.B1.

            We have heard the learned counsel for the complainant and OP No.2, and have gone through the evidence, on record.

The learned counsel for the complainant submitted that OP No.2 had committed unfair trade practice by misleading the complainant through advertisement.  It was further submitted that despite treatment for about 6 weeks, there was no relief from the pain, rather the initially felt mild pain developed into severe pain.  Further on 31/05/2017 , OP No.2 has passed electric current into the right knee of the complainant without taking adequate precautions and as a result complainant had suffered severe burn injury and felt severer pain on the knee.  Hence the complainant was forced to discontinue the treatment.  In support of his case produced, the paper cutting Ext.A1, the prescription issued from OP No.1 dated 05/04/2017 Ext.A2 and cash bill dated 31/05/2017 Ext.A3, advertisement of OP No.1 showing that 2^nd OP receiving national Medal ExtA4 and also the bottle of ointment given by 2^nd OP to the complainant during the treatment course (MO1).  In Ext.A1 and A4, the phone number given belongs to OP No.2, which is admitted by Dw1 (OP No.2) during cross examination.  Further in Ext.A3 cash bill it is clearly mentioned as prescribed by ‘Dr.Ashraf.’

OP No.2 submitted that he never issued Ext.A3 cash bill and he has no connection with Ext.A2 prescription.  On going through Ext.A2 we can realize that the treatment was started on 05/04/2017 and 18 bandages were put on the complainant on different dates  as shown in Ext.A2 prescription.  Further OP2 during cross-examination deposed that he is not a doctor, he has completed Magnetic therapy Diploma course (Ext.B1 certificate) and being a magnetic therapist doing magnetic therapy treatment on the patient as prescribed by doctors.  But documents produced here from the side of complainant clearly shows that 2^nd OP had treated complainant and issued the prescription (Ext.A2) and cash bills (Ext.A3) during his treatment time.  It is evident from Ext.A1 that the complainant came to know about OP No.2  from the advertisement in the newspaper.  Undoubtedly, the OP 2 issued various advertisements in the news papers and notices (Ext.A1, A4).  The contents of the advertisement (A1) and on Ext.A4 more or less were the same and it was mentioned there in that OP No.2 having 17 years experience in magnetic therapy treatment (old pains also) offering relief in pains especially knee pain, back pain etc through magnetic therapy at  Sahachari Medicity (OP No.1) in every Wednesday.  Through the advertisement, relief of pain is guaranteed.  But during cross-examination Dw1 has stated that he never give treatment to the patients and prescribed medicines.  From those facts it is evident that complainant’s averment that he approached to 2^nd OP and got treatment from him at the 1^st OP center as per the advertisements in the news paper, is a believable statement.  The OPs were by publishing misleading advertisements in the news papers, in Notices committed unfair trade practice.  Ext.A3 shows that the OPs received Rs.11,629/-  for Magno pack 18, ointment paste and consultation charges.

            2^nd OP admitted that he is not a competent and qualified doctor to treat the patients suffering from knee pain, back pain etc. as stated in the advertisement. But documents reveal that he has given treatment to complainant.  Hence there is unfair trade practice on the part of OPs, were undoubtedly established.  No cogent evidence was produced by the OP to rebut the allegation of complainant.

            For the reason stated above, the complainant is entitled to get relief from OPs.

            In the result complaint is allowed in part.  The 3^rd prayer in the complaint cannot be granted, because complaint has not done such replacement surgery and thus spent money. Considering all those facts we are inclined to allow Rs.50,000/- including cash bill (Ext.A3) 2^nd and 3^rd prayer in the complaint, and towards compensation for pain and suffering.    Hence opposite parties are jointly and severally directed to pay 50,000/- to the complainant within one month from the date of receipt of this order.  Failing which Rs.50,000/- carries interest @ 9% per annum from the date of order till realization.  Complainant can execute the order as per provisions of Consumer protection Act 2019.

Exhibits.

A1           - Paper cutting  

A2           - Prescription issued Medicity Hospital dated 05/04/2017

A3           - Cash bill dated 31/05/2017

B1           - certificate

Pw1       - Complainant

Dw1       - OP2

           Sd/                                                                                Sd/                                                         Sd/

PRESIDENT                                                                   MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forward by order/

Assistant Registrar