CLAIM UNDER SECTION 23 (4) OF PUNJAB CONSUMER PROTECTION ACT 2005.
1. DCO /Authority through DDO(Health) Sahiwal sent a reference /claim U/s 23 (4) of the Punjab Consumer Protection Act 2005 against Allah Wasaya with allegation that the later being quack was involved in illegal medical practice and some allopathic medicines were recovered during inspection of his clinic i.e "Allah Wasaya Clinic".
2. The defendant appeared in the court on 08-03-12 and stated as under.
"I admit that medicine mentioned in the report prepared by DDO (H) Sahiwal dated 21-01-12 during the visit of my clinic on 17-01-12 were recovered from my clinic " Allah Wasaya Clinic" I am a qualified dispenser. I had stored the medicine simply for purposes of first aid to patients. I do not work under the supervision of any doctor nor any qualified doctor visits or run my clinic. However, I tender unconditional apology and make request for a lenient view. I assure this court to close my clinic forthwith".
The defendant took a plea that he was a qualified dispenser therefore case was adjourned to next date for production of "dispenser certificate".
3. Today i.e 07-04-12 the defendant appeared in the court and made following statement.
"I have no document showing as if I was a qualified dispenser. I admit my fault. I shall close the clinic forthwith. I undertake not to restart it in future. If I did so, any penal action including conviction may be taken against me".
4. The allegation against the defendant was that he claimed himself to be a qualified dispenser but could not produce any prove thereof and that some allopathic medicines were being used by him in his clinic "Allah Wasaya Clinic". The defendant as per allegations in the reference and statement made by him in the court on 08-03-12 and today 07-04-12, did not possess any authority/certificate to deal with patients with allopathic medicines nor he was authorized to run clinic. He was also not qualified dispenser. It being so, it stands established on record that the defendant is a quack doctor and was involved in illegal medical practice. However, the defendant assured to stop/close business forthwith.
5. In view of reasons and my findings recorded above, the allegations contained in reference made by DCO/Authority are proved beyond any doubt. Therefore, the defendant is burdened with a fine of Rs. 10,000/- to be paid within 03 days positively failing which law will take its own course. The defendant is also warned to remain careful in future and close the clinic forthwith. If he did not comply with the order as per assurance given by him, serious penal action including his conviction may be taken against him. The DCO/Authority shall ensure that "Allah Wasaya Clinic" has stopped working through surprise visits/inspection.
6. The Registrar of this Court is directed to send copy of the order to the DCO/Authority for compliance.