Learned advocate for O.P. appeared. 

No step taken by the petitioner.

Learned advocate for the O.P. submitted that the case is not maintainable as petitioner is not consumer and O.P. is not service provider. 

P. Acharjee is a govt. Servant working in the GBP Hospital. Allegation is that Telmisartan tablet was sold out against the prescribed medicine Olmesar tablet. He said that the medicine was used by the mother of the petitioner. We have gone through the prescription. It is written Olmesar  and in the cash memo it is written Olmesarton only. There is nothing  before us to support that medicine are of different composition and it was used by the mother of the petitioner. There is also nothing in the petition to support that due to reaction of the medicine mother of the petitioner died. There is no medical opinion to support that Olmesarton is a poisonous medicine to cause any reaction & it is different from olmesar.. Cause of death, medical opinion not given  or written in the death certificate or in the petition. 

O.P. No.1, The Union of India, O.P. No.2 Pradhan Mantri Bhartiya Jan Aushadhi Kendra are not necessary party. Sale of medicine by P. Acharjee also not confirmed by any documents.

There is nothing to show that it is a consumer case at all. Case is not maintainable and therefore, dismissed.