Delhi

North East

CC/400/2024

RAJINDER KUMAR GUPTA - Complainant(s)

Versus

THE DISCOUNT MEDICOS - Opp.Party(s)

16 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 400/24

In the matter of:

 

	Sh. Rajinder Kumar Gupta, S/o Sh. Roshan Lal Gupta, R/o H. No. 154-A, Pocket A, Near GTB Hospital, Dilshad Garden, Shahdara, Delhi 110095	Complainant
	Versus
	The Discount Medicos Through Its Owner (Sh. Ranjan Sahani) T: 23/1, Ground Floor, Sarhadi Gandhi Marg, Old Rajinder Nagar, Near Sir Ganga Ram Hospital, New Delhi 110060	Opposite Party

 

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

 

ORDER

 Ms. Adarsh Nain, Member

1. The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the Opposite Party i.e. The Discount Medicos.
2. As per the complaint filed by the Complainant, the case of the Complainant is that the son of the Complainant had purchased some medicines for Complainant as prescribed by the doctor of Sir Ganga Ram Hospital from the Opposite Party. Complainant stated that his son asked the Opposite Party for 1 “Ensure DS” protein of the medicine as per prescribed by the doctor but Opposite Party sold the wrong variant of the medicine due to which the health of the Complainant deteriorated and his sugar level had started fluctuating. Complainant stated that he fallen seriously ill and he was admitted in Jeevan Jyoti Hospital where he got the treatment. It is the case of the Complainant that his son was not aware of the various products of same brand and Opposite Party sold the wrong variant of the medicine. Complainant stated that Opposite Party also did not cross check the medicine and also at the time of making the bill it was not properly checked by the Opposite Party. Complainant stated that being a licensee holder, Opposite Party would be expert in medicine. Hence, this shows the deficiency of service on the part of Opposite Party.
3. The present complaint is on admission stage. Arguments heard on admission and perused the file.
4. The Complainant’s allegation is that Opposite Party sold the wrong variant of the medicine to the Complainant’s son due to which the health of the Complainant deteriorated and his sugar level had started fluctuating. Complainant stated that he fallen seriously ill and he was admitted in Jeevan Jyoti Hospital where he got the treatment.
5. The perusal of the material on record reveals that the Complainant has filed copy of legal notice sent by him to the Opposite Party as well as reply received from Opposite Party. In their reply, Opposite Party categorically stated that there was no variant of Ensure by the name Ensure DS. Opposite Party has further clarified such variant is not manufactured by the company, hence, does not exist as such.  It is further stated that the son of the Complainant was shown all the variants of Ensure and he selected Ensure Vanilla and the said variant was given to him as per his demand. The Complainant also alleged that due to wrong variant, he suffered as his sugar level fluctuated.
6. The Complainant has not filed any document to show that the variant ‘Ensure DS’ actually existed. Even during the course of arguments, the Complainant could not show any cogent proof to the contrary, hence, the stand of Opposite Party has not been controverted.  Moreover, we do not find any authentic proof in support of Complainant’s claim that sugar levels were actually fluctuated as a result of intake of the said wrong variant of the subject medicine.
7. In view of above facts and discussion, since the Complainant has not been able to produce any cogent evidence in support of his case, showing any deficiency in services towards the Complainant on the part of Opposite Party, we do not find any merit in the present complaint.
8.  Thus, the present complaint is dismissed.

 

9. Order announced on 16.08.2024.

                Copy of this order be given to the Complainant free of cost.

File be consigned to Record Room.

 

(Adarsh Nain)    Member

(Surinder Kumar Sharma) President