CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

  Case No.347/2022

IKRAR HUSSAIN

S/O ABRAR HUSSAIN,

R/O H.NO. 1187, GALI NO.29,

BLOCK L 1^ST, SANGAM VIHAR,

NEW DELHI - 110080                                                      …..COMPLAINANT

SANTUSHTI EYE CENTRE

THROUGH

DR. ABHISHEK DAGAR,

D-136, KRISHNA PARK, DEVLI ROAD,

NEW DELHI - 110080                                              ….OPPOSITE PARTY

 Date of Institution-23.11.2022

              Date of Order- 24.05.2024

  O R D E R

DR. RAJENDER DHAR-MEMBER

1. Complaint pertains to deficiency in service provided by the OP.
2. Complainant in his complaint under Consumer Protection Act, 2019 has stated that he was suffering from problem of watery eyes and other eyesight related issues on 22.12.2021. He visited the clinic of OP who gave treatment and also issued a prescription and advised the complainant to use eye glasses. Original prescription card dated 22.12.2021 is annexed as Annexure-A.

3. It is further submitted that complainant purchased eye glasses from OP for Rs.1,500/- which included consultation and cost of eye glasses. Original bill dated 22.12.2021 of glasses is annexed as Annexure B.

4. It is further stated by the complainant that OP has prescribed eye drops which the complainant used but did not find improvement in the vision of his watery eyes and he also felt headache. On raising complaint to OP, OP every time suggested to use the eye drops regularly as recommended for improvement. However, there being no improvement. On 24.12.2021 the complainant visited the Sachdeva Vision Care where the Optometrist did the eye check up and informed that the eye check up performed by Santushti Eye Centre was not carried out properly. Prescription card dated 24.12.2021 is annexed as Annexure-C.

5. It has been further contended by the complainant that maximum expenses for treating watery eye, clinical test and medicines all inclusive should be approximately Rs. 5,000/- but the OP charged him much more. Complainant consulted some other doctor who recommended some tests, after getting these tests done complainant found discrepancy in the eye glasses which was prescribed by Santushti Eye Centre rather the OP after eye check up prescribed him minus eye glasses while as the complainant had to use plus eye glasses for better vision. Due to wrong prescription of eye glasses by the OP the complainant was confined to bed for two to three days purely due to negligence on the part of the OP.

6. On 11.02.2022 the complainant again visited the clinic of the OP to inform him about their negligence. He was again charged Rs.500/- for consultation. Bill dated 11.02.2022 is annexed as ANNEXURE-D.

7. Complainant sent a legal notice dated 28.03.2022 to OP which was delivered to OP. Copy of legal notice, speed post receipt, tracking report and reply of legal notice by OP is annexed as ANNEXURE-E, F, G & H.

8. Complainant has further stated that this act was deliberately done by the OP with the intention that the complainant remains a patient throughout his life for monetary purposes.

9. Complainant has prayed for Rs.1,00,000/- along with interest @24% till the realization of the claim amount, Rs.50,000/- on account of mental stress and agony and Rs.21,000/- for legal expenses.

10. Notice for appearance of OP was delivered on 25.02.2023 as per the track report placed on the case file. Despite service of notice on OP, two more opportunities were provided to OP. OP did not appear on 24.03.2023 and 11.08.2023 and hence, OP was proceeded Ex-parte.

11. Complainant filed ex-parte evidence and has exhibited the following documents:

1. Original prescription card is exhibited as Ex.CW-1/A.
2. Original bill of glasses is exhibited as Ex.CW-1/B.
3. Prescription card is exhibited as Ex.CW-1/C.
4. Bill is exhibited as Ex.CW-1/D.
5. Copy of legal notice, speed post receipt, tracking report and reply of legal notice are exhibited as Ex.CW-1/E,F,G & H respectively.

12.  Complainant has also filed written arguments.

13. Contents of the complaint, evidence filed by complainant and written submissions placed in the file have been carefully considered by this Commission, it is very clear that Santushti Eye Centre has not carried out the eye test of the complainant in a proper and diligent manner. It appears that eye testing has been carried out by an untrained person who is not a certified ophthalmologist, that has resulted into prescribing incorrect eye glasses to the complainant with some eye drops. This has resulted into severe headache and watery eyes of the complainant, this fact is further established when the complainant visited another clinic Sachdeva Vision Care where once again eye check up/testing was conducted and it was found that the complainant does not need minus eye glasses rather he needs plus eye glasses which would improve his vision. Document prescribed by Sachdeva Vision Care shows that Ajay Sachdeva is a consultant ophthalmologist and contact lens specialist who has been associated with AIIMS Shroff Eye Centre, New Delhi, PGIMER (Chandigarh).

14. It is also seen that wrong diagnosis and wrong eye testing has resulted into problem of sight/ eyes due to which complainant was confined to bed for two to three days and suffered watery eyes. This act on the part of the OP amounts to deficiency in services and also to unfair trade practice. Therefore, the following directions are passed against OP:-

1. To pay an amount of Rs.25,000/- as compensation to the complainant along with interest @8% till payment is made.
2. To pay Rs.15,000/- towards mental harassment and agony caused by the OP to the complainant.
3. To pay Rs.10,000/- towards litigation expenses.

15.  Order to be complied within 30 days from the date of order. Order to be uploaded on confonet. File be consigned to record room.