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DCF directs doctor to repay cost of denture
12/21/2007 10:18:08 AM
Early Times Reporter
Jammu | Dec 21
Divisional Consumer Forum (DCF), Jammu, comprising District Judge SL Pandita as President and Minu Sharma its member, directed Dr. Romesh Singh, Dental Surgeon, to repay an amount of Rs 3400 to the complainant Jia Lal for the defective denture (dental set).
According to the complaint, complainant contacted Dr. Romesh Singh, who runs a dental clinic under the name and style Dr. Romesh Dental Clinic for denture, on October 11, 2006 and remained under his treatment. After completing all the formalities, doctor prepared dental set and delivered to complainant on payment of Rs 3400. The dental set being loose and defective did not suit the complainant, so the complainant approached the doctor several times but was always told that set shall be in order with the passage of time. The complainant prayed that, he being a poor man, can’t afford further expenditure and doctor be directed to pay cost of set along with compensation.
SL Pandita in his judgment observed that the complainant is having paid for denture and doctor having been approached by the complainant with the complaint that same is loose and defective has been avoided on the pretext that same shall be in order with the passage of time. If a denture set would have been in order with the passage of time, the complainant would not have approached this Forum as denture set has been fixed on October 15, 2006 and present complaint has been filed on February 13, 2007, after a gap four months. This speaks for itself that the assurance and promise of the doctor that the denture set would be in order with the passage of time has not come true that has forced the complainant to approach this Forum. In the above background, the relationship of consumer and service provider, the complainant and the doctor interese, being there the complainant having spend an amount of Rs 3400 for the denture set has not served the purpose for which the complainant had been promised and assured. There is deficiency of service and the complainant has been made to suffer and his grievance has not been redressed by the doctor respondent, the Forum directs the doctor to repay an amount of Rs 3400 to complainant for the defective denture and complainant is also held entitled to litigation expenses of Rs 1000. The amount shall be deposited by the doctor within 30 days, failing which interest @ 6% with effect from February 13, 2007 till payment would be chargeable, Forum ordered. JNF
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