New Delhi, October 22
The Consumer Disputes Redressal Forum (East District) recently gave an interesting verdict in which Dr Rakesh Joshi of Surya Eye Centre in Geeta Colony was found guilty of giving a false assurance to his patient Prashant.
He was ordered to pay a sum of Rs 22,600 charged from the patient along with interest at the rate of 18 per cent per annum since November 9,1999, till the amount is actually refunded.
Apart from this, the court also ordered him to give Rs 5,000 as compensation and Rs 500 as the cost of litigation. The court said, “The law as laid down prevents professional medical practitioners from soliciting patients by publication of advertisements and the conduct of the respondent, Dr Rakesh Joshi, is not only violative of the norms of the provision but also amounts to unfair trade practice making him liable to compensate the complainant.”
The complainant, Mr Ashok Kumar Gupta, approached the respondent for removal of spectacles of his son Prashant in response to an advertisement issued by Dr Rakesh Joshi that it was possible through a Lasik Laser operation.
Dr Joshi took Rs 150 as consultation charges, Rs22, 000 for the Lasik Laser operation for both eyes and other expenses for medicines etc came to about Rs 500.
The complainant paid the charges on receipt of which Dr Joshi performed the operation on both the eyes of Prashant. Post-operative precautions were also followed strictly, for which Prashant had to take one and a half months’ leave from his job.
The assurance given by the respondent through the advertisement was not fulfilled even after seven and a half months. Some medicines were advised by the respondent but ultimately on July 11, 2000, Dr Joshi advised the patient to stop taking the medicines and told him there was no hope for further relief and improvement and he would have to use spectacles. Alleging unfair trade practices and deficiencies in service, the complainant then moved the consumer court.
