CLAIM UNDER SECTION 23 (4) OF PUNJAB CONSUMER PROTECTION ACT 2005.
1. The Deputy District Officer (Health) Sahiwal visited the shop of Muhammad Adrees and found him as fake doctor involved in medical practice illegally. He referred the matter to DCO/Authority for further action.
2. Legal notice u/s 28 (1) of the Punjab Consumer Protection Act 2005 was issued to the defendant on 14-06-11 but no reply was received.
3. The DCO/Authority through DDO (Health) Chichawatni forwarded the case to this court for further proceedings against the defendant for violation of Punjab Consumer Protection Act 2005.
4. The notice was issued to the defendant to answer the allegations levelled against him in the reference. He submitted the written statement on 14-09-11. According to him, he was neither doctor nor he ever sold any medicine. He further submitted that he had not connection whatsoever with the shop.
5. The parties were directed to prove their respective contentions through their evidence.
6. The claimant examined Dr. Muhammad Saeed Sabri DDO (H) Sahwal Pw-1, who placed on record medicines taken into possession at the time of raid as ex-P1 to Ex-p11 which were made into parcel vide memo Ex-PA. The DCO/Authority also tendered in evidence legal notice Ex-p12 and postal receipt Ex-p13.
7. Dr. Muhammad Saeed Sabri pw-1 reiterated facts incorporated in the reference and material contained in parcel Ex-PA. He was not subjected to cross examination despite opportunity given.
8. Muhammad Adrees, the defendant deposed that he was neither a doctor nor he used to sell medicines. According to him he was an employee in the shop wherefrom medicines were taken into possession. Its owner was Mian Abaidullah who was dispenser by profession. However, he had died a few days before the raid. He further deposed that Ismatullah, one of the brothers of Abaidullah, was a veterinary doctor who was doing his business adjacent to the shop in dispute.
The defendant also stated that after the death of Mian Abaidullay, he had shifted to Lahore where he was employeed at Fahad Medical Store, Amamia Coloney, Shahidra Town, Lahore. He made it clear that after the death of Mian Abaidullah, the shop was closed.
9. The statements of Dr. Muhammad Saeed Sabri Pw-1 and Muhammad Adrees the defendant, if put in juxtaposition, one gets an impression that the shop wherefrom the medicines Ex-p1-to p11 were taken into possession vide recovery memo Ex-PA, belong to Mian Abaidullah who was dispenser by profession. He has died. The defendant was working there as an employee. After the death of Mian "Abaidullah, the shop was closed. The defendant shifted to Lahore and joined Fahad Medical Store as a worker. However, Ismatullah, the brother of the deceased Mian Abaidullah being a veterinary doctor , was working in a shop adjacent to the shop in question. The defendant being employee continued to work in the shop belonging to Mian Abaidullah though temporarily wherefrom objectionable medicines wore taken into possession by Dr. Muhammad Saeed Sabri Pw-1. Therefore the defendant cannot be exonerated completely. But, at the same time he cannot be held guilty for acting as doctor or selling the medicines in question as there was no evidence whatsoever on record on this point. The claimant did not produce any witness on the point that he either got medical treatment or purchases any medicine from the defendant.
10. In view of the observations recorded above, the claim is accepted. The defendant is warned to remain careful in future. If he repeated the fault/omission, he may be prosecuted u/s 31 & 32 of the Punjab Consumer Protection Act 2005. Although it was on record that despite shop had been closed but as abundant caution, the DCO/Authority shall ensure that no one works on the said shop and sales objectionable medicines. The medicines already lying in the shop shall be recalled/destroyed. The defendant is also burdened with a fine of Rs. 5000/- (Five thousand rupees). The defendant present in the court assured to deposit the said fine within 10 days. After deposit of amount of fine, he shall furnish copy of bank Challan to this Court within stipulated time.
The case property i,e medicines made into parcel in Ex-PA shall be destroyed after expiry of period of appeal, if any.
11. The Registrar of this court is directed to send the copy of the order to the Authority/DCO Sahiwal for information and compliance. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.