By: Smt. Mini Mathew, Member
The complainant approached this Forum with his grievances. His case is that on 4-7-15 his son. Ashwin aged 10 years became ill. He was taken to Dr. Hamid Ibrahim of P.M.S.A. Memorial, Malappuram District co-operative Hospital on the same day itself and the Doctor prescribed OTRIVEL PD NASAL DROP along with other medicines. He went to the Medical shop of the 1st opposite party and gave the prescription and he was given the medicine on payment of Rs.150.29/- in a packet. The complainant along with his son after reaching his home found that OTRIVEL PD NASAL DROP, the bottle did not contain any medicine. It was empty. Immediately he went to the shop of the 1st opposite party and returned the empty bottle and intimated them of the facts and requested them to supply OTRIVEL PD NASAL DROP with medicine to him as it is urgent for his son who was sick. Instead of giving him the medicine he was insulated by the 1st opposite party and he was sent away and he had gone to another medical shop and purchased the said medicine after paying an amount of Rs.42.50. The act of the opposite parties amounts to deficiency in service and unfair trade practice. The 1st opposite party purchased the above said medicine from the shop of the 2nd opposite party. Instead of giving him bottle containing the medicine the complainant was insulted by the 1st opposite party. These amounts to deficiency in service. These type of attitude is to be prevented from the very beginning itself. Hence this complaint.
Notices were issued in correct address through registered post from this Forum. But opposite parties did not turn up. Hence names of the opposite parties were called and were set ex- parte. Complainant filed affidavit in lieu of Chief examination and documents were marked as Ext. A1 to A3. No contra evidence was adduced by the opposite parties. Case of the complainant is proved.
The evidence before this Forum would reveal that the complainant purchased medicine worth Rs.150.29/- from the shop of the 1st opposite party, and the bill issued by the 1st opposite party is produced and the same is marked as Ext. A2. A person consult a doctor and buys the medicine prescribed by him only when he is urgently in need of it. Here from the evidence placed before this Forum it is revealed that the son of the complainant was ill and he was taken to Dr. Hamid Ibrahim and that child was prescribed medicine. The evidence of the complainant would go to show that he paid Rs.42.50 towards the price of OTRIVEL PD NASAL DROP to the 1st opposite party. These kinds of behaviour and attitude of the medical shop owners are to be discouraged. The evidence placed before this Forum has to accept the same. Both opposite parties are jointly and severally liable to compensate the complainant.
In the result, we order that the opposite parties to refund the value of the medicine OTRIVEL PD NASAL DROP ie Rs. 42.50/- to the complainant, Rs.5000/- towards compensation for loss and hardships and mental agony suffered by the complainant and Rs.1000/- towards the cost of these proceedings. The order shall be complied within one month from the date of receipt of copy of this order.
Dated this 27th day of October, 2015
R.K.MADANAVALLY , MEMBER (In-Charge of President)
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : Out patient Record issued by P.M.S.A.Memorial, Co.opp: Hospital, Malappuram
Ext.A2 : Medicine purchase bill issued by opposite party.
Ext A3 : Medicine purchase bill issued by opposite party.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
R.K.MADANAVALLY , MEMBER (In-Charge of President)
MINI MATHEW, MEMBER
