Tamil Nadu

South Chennai

CC/407/2017

Mrs. Sheela Sundaram - Complainant(s)

Versus

Shree Varma Ayurveda Hospital & Shree Varma Bio-Naturals pvt.Ltd., - Opp.Party(s)

M/s Md. Rafi.

05 Mar 2020

ORDER

                                                                             Date of filing      : 06.12.2017

                                                                               Date of disposal : 05.03.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.407/2017

DATED THIS THURSDAY THE 05^TH DAY OF MARCH 2020

                                 

Mrs. Sheela Sundaram,

W/o. Late. Sri. V.K. Sundaram,

Flat No.10, New No.36, Old No.25,

Chakrapani Street Extension,

Kodambakkam,

Chennai – 600 024.                                                       .. Complainant.                          

..Versus..

 

1. Shree Varma Ayurveda Hospital &

Shree Varma Bio-Naturals Pvt. Ltd.,

No.37, V.O.C. Street,

Kodambakkam,

Chennai – 600 024.

 

2. Dr. Gautaman,

Chairman and Managing Director,

Shree Varma Ayurveda Hospital &

Shree Varma Bio-Naturals Pvt. Ltd.,

No.37, V.O.C. Street,

Kodambakkam,

Chennai – 600 024.                                                 ..  Opposite parties.

 

Counsel for the complainant       : M/s. Md. Rafi & another

Counsel for the opposite parties : M/s. A.P. Sathya Murthy & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.4,580/- towards the amount paid by the complainant towards the cost of medicines and to pay a sum of Rs.1,00,000/- towards compensation for mental agony and hardship with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she is well acquainted with clinic of the 1^st opposite party and the 2^nd opposite party is the Chief Person.  The 2^nd opposite party has given assurances and promises about relief of many kinds of bodily aliments.   The complainant wants to take treatment from the 2^nd opposite party for her hip joint problem and extending till the feet due to Diabetic Neuropathy.  Since she is unable to visit Kodambakkam Clinic due to her immobility caused due to the severe symptoms and pains from hip region extending till the feet due to Diabetic neuropathy, she requested her daughter to meet the 2^nd opposite party at his clinic to get consultation for her ailments.   The complainant submits that the opposite parties 1 & 2 after hearing the complainant’s medical history and nature of ailment that she was suffering from Diabetic Neuropathy, suggested a medicine for internal consumption namely; Mehnil Tab. for one month and the cost of medicine per bottle was charged as Rs.1,800/- for three bottles and prescribed an external application, Maharaja Thailam charged Rs.180/- for a total sum of Rs.1,980/-.   The complainant submits that she was not able to use external application.   

2.     The complainant submits that the 2^nd opposite party assured that the complainant’s problem will be solved after taking the above mentioned medicines for a period of 30 days.   After 15 days of treatment, the staffs from the 1^st opposite party’s clinic enquired about the progress, but the complainant replied them that she had some discomforts in her feet tingling sensation and cramps.   The 1^st opposite party staff told that they will discuss with the 2^nd opposite party.   But they never called the complainant to clarify the reason for side-effects.   The complainant also continuously took the medicine for one month.   At the end of completion of medicines she had severe pain in her shoulder, hip and apart from that swelling in ankles and fingers which did not subside even after taking medicine for a month.  The complainant submits that the total health of the complainant had deteriorated due to intake of medicine prescribed by the 2^nd opposite party.   The complainant submits that the opposite parties failed to cure the ailments instead she developed aggravation of her problems.  Hence, the complainant issued legal notice dated:14.05.2017 but the opposite parties have not replied and neglected to refund the medicine cost.   The act of the opposite parties 1 & 2 amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.      The brief averments in the written version filed by opposite party is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.    The opposite parties 1 & 2 state that they deny that they had never given any assurance to the complainant in treatment of her disease.  In the TV programme, the 2^nd opposite party explained about various illness and its healing process with an integrated approach with Ayurveda / Siddha medicines, Ayurveda Panchakarma Therapies personalized diet advices and personalized Pranayama and Yoga exercise.   But in the TV program the 2^nd opposite party never promised any cure (or) any solution which may cure the patients if the complainant don’t follow the medication given by the 2^nd opposite party.   At no point of time, the 2^nd opposite party canvassed  with the patients to come for treatment.  The complainant’s daughter Deepashree met the opposite parties in his clinic on 23.02.2017 and registered her name and after explaining the illness of immobilization.   The 2^nd opposite party advised the treatments namely; Ayurveda Panchakarma Therapies and (2) One Internal Medicine, Internal Medicine by name MEHNIL R TAB 1-1-1 (before food) and to apply MAHARAJA THAILAM (external application).   Since the complainant and her daughter explained the position of the complainant regarding the external application and opted for internal medicines.   The 2^nd opposite party prescribed medicines for 30 days.   Thereafter, the complainant or her daughter came for review and they were not known whether they have continued medicine properly.  The 2^nd opposite party instructed the complainant through her daughter for some relief it will take atleast 90 days.  

4.     The 2^nd opposite party submits that on 23.02.2017, she explained that the complainant is having hip pain, weakness of both legs, high sugar level, shoulder pain and swollen legs and she was completely immobile to do any activities as on 23.02.2017.    As far as the records maintained by the 2^nd opposite party is concerned, the complainant had taken medicine only for a period from 23.02.2017 to 23.03.2017 that too not as prescribed by the 2^nd opposite party.   After 30 days, the complainant and her daughter have not communicated with them.   The 2^nd opposite party explained in full about the protocols they should follow and the duration required for the treatment since the complainant’s daughter denied of doing any panchakarma therapies.   The complainant never called or visited the 2^nd opposite party after 8^th March 2017 and there was absolutely had no communications.   Therefore, there is no deficiency in service on the part of the opposite parties 1 & 2 and hence, the complaint is liable to be dismissed.

5.     To prove the averments in the complaint, the complainant have filed proof affidavit as her evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and no document is marked on the side of the opposite parties 1 & 2.

 

6.      The points for consideration is:-

1. Whether the complainant is entitled to get return of a sum of Rs.4,580/- towards the cost of medicines as prayed for?
2. Whether the complainant is entitled to get a sum of Rs.1,00,000/- as compensation towards mental agony and hardship with cost of Rs.10,000/- as prayed for?

7.      On point:-

The complainant’s Counsel made an endorsement that ‘No written argument and oral argument’.  The opposite parties filed written argument.  Heard the opposite parties’ Counsel also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that she is well acquainted with clinic of the 1^st opposite party and 2^nd opposite party is the Chief Person.  The 2^nd opposite party has given assurances and promises about relief of many kinds of bodily aliments.   The complainant wants to take treatment from the 2^nd opposite party for her hip joint problem and extending till the feet due to Diabetic Neuropathy.  Since she is unable to move, she sent her daughter to consult the 2^nd opposite party about her ailments.   Further the contention of the complainant is that the opposite parties 1 & 2 after hearing the complainant medical history and nature of ailment she is suffering from Diabetic Neuropathy suggested a medicine for internal consumption namely; Mehnil Tab for one month and the cost of medicine per bottle was charged as Rs.1,800/- for three bottles and prescribed an external application, Maharaja Thailam charged Rs.180/- for a total sum of Rs.1,980/- as per Ex.A1.   But, the complainant has not used external application. 

8.     Further the complainant contended that the 2^nd opposite party assured that the complainant’s problem will be solved after taking the above mentioned medicines for a period of 30 days extends to 90 days.   After 15 days of treatment, the staffs from the 1^st opposite party’s clinic enquired about the progress, but the complainant replied to them that she had some discomfort in her feet like tingling sensation and cramps.   The 1^st opposite party staff told that they will discuss with the 2^nd opposite party.   But they never called the complainant to clarify the reason for side-effects.  The complainant also continuously took the medicine for one month.   At the end of completion of medicines she had severe pain in her shoulder, hip apart from that swelling in ankles and fingers which did not subside even after taking medicine for a month, but no records produced to prove the said allegations.  Further the contention of the complainant is that the total health of the complainant had deteriorated due to intake of medicine prescribed by the 2^nd opposite party for that also, no evidence produced muchless, medical expert opinion produced.  The complainant pleaded and contended that totally Rs.6,000/- spent for medicine as per Ex.A1 to Ex.A3, copy of bills.   But on calculation a sum of Rs.3,580/- alone paid.   Further the contention of the complainant is that the opposite parties as promised by them to cure the ailments of the complainant through their treatment; but failed to cure the ailments instead she developed aggravation of her problems.  The complainant issued legal notice dated:14.05.2017 as per Ex.A4 but the opposite parties have not replied and neglected to refund the medicine cost also.    Hence, the complainant is constrained to file this case.

9.     The contention of the opposite parties 1 & 2 is that they deny that they  never given any assurance to the complainant in treatment of her disease.  In the TV programme, the 2^nd opposite party explained about various lillness and its healing process with an integrated approach with Ayur veda / Siddha medicines, Ayurveda Panchakarma Therapies personalized diet advices and personalized Pranayama and Yoga exercise.   But in the TV program the 2^nd opposite party never promised any cure (or) any solution which may cure the patients if the complainant did not follow the medication given by the 2^nd opposite party and the opposite parties are not liable for the same.  The complainant admitted that she is immobilized and suffering from severe pains in the hip region extending to the feet due to Diabetic Neuropathy.  The complainant’s daughter Deepashree met the opposite parties in his clinic on 23.02.2017 and registered her name and after explaining the illness of immobilization.   The 2^nd opposite party advised the treatments namely; Ayurveda Panchakarma Therapies and (2) One Internal Medicine, Internal Medicine by name MEHNIL R TAB 1-1-1 (before food) and to apply MAHARAJA THAILAM (external application).   Since the complainant and her daughter explained the position of the complainant regarding the external application and opted for internal medicines.  The 2^nd opposite party prescribed medicines for 30 days.   Thereafter, neither the complainant nor her daughter came for review and to the knowledge of the 2^nd opposite party is not known that whether they have continued medicine properly.   The 2^nd opposite party instructed the complainant through her daughter at the time of starting the treatment for obtaining some relief it will take atleast 90 days.   The complainant without taking the advice of the 2^nd opposite party and taken proper treatment in Ayurvedic Hospital raised allegations and issued notice stating that hip joint leg pain, weakness of both legs, high sugar level shoulder pain and swollen legs are due to side effects of the medicines.  But it is stated that in Ayurvedic medicine, there is no side effect.  The learned Counsel for the opposite party contended that the law is well settled that the failure in the treatment cannot be treated as medical negligence.   In this case, the treatment given as the Ayurvedic norms by a qualified Doctor.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.  

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 05^th day  March 2020. 

 

MEMBER                                                                                                                                                                                            PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	23.02.2017	Copy of bill towards medicine Meganil pill and oil
Ex.A2	08.03.2017	Copy of bill towards medicine Meganil
Ex.A3	20.03.2017	Copy of bill towards medicine Meganil
Ex.A4	14.05.2017	Copy of legal notice sent by the complainant’s Counsel to opposite parties
Ex.A5		Copy of postal acknowledgement card
Ex.A6		Copy of material object methanol bottle

 

OPPOSITE PARTIES’ SIDE DOCUMENTS:-  NIL

 

 

MEMBER                                                                                                                                                                                             PRESIDENT