CLAIM UNDER SECTION 23 (4) OF PUNJAB CONSUMER PROTECTION ACT 2005.
1. The DDO (Health) Sahiwal sent a reference bearing NO. 56 DCPC/Reader dated 5-07-2011 to the DCO/Authority Sahiwal with allegation that Khan Muhammad, the defendant, being a fake doctor, was involved in medical practice illegally.
2. The requisite legal notice u/s 28 (1) of the Punjab Consumer Protection Act 2005 are issued to the defendant on 14-6-11. The defendant, through reply dated 28-06-11, submitted his defence before the Authority alongwith documents. The DCO/Authority was not satisfied with reply submitted by the defendant. Therefore, the matter was referred to this Court for legal proceedings against the defendant for the violation of Punjab Consumer Protection Act 2005.
3. The defendant was issued a notice in-accordance with law. He submitted his written statement with assertion that he was neither a doctor nor he was selling medicines nor he knew nothing about the medical profession. He being simply a cultivator, was maintaining buffaloes /cattle.
According to him, he had collected some medicines simply for his buffaloes/cattle. He further submitted that his brother Ahmad Ali was a sugar and heart patient ,therefore, he had also purchased an instrument to check blood pressure of his brother. He prayed that reference filed against him may be dismissed.
4. The parties were provided an opportunity to produce their respective evidence. The claimant examined DDO (H), Sahiwal Muhammad Saeed Sabri Dw-1. He also placed on record memo regarding recovery of medicines Ex-PA, legal notice Ex-PB, postal receipt Pc, detail of medicines Ex- pd to Ex-Pm and closed its evidence.
5. The defendant Khan Muhammad appeared in the court and made his statement as Dw -1. He also examined Muhammad Yaqoob Dw-2.
6. Dr. Muhammad Saeed Sabri Pw-1 stated that he conducted a raid in the shop of the defendant and took into possession various medicines, detail whereof was mentioned in Ex-Pa. According to him, the defendant was not a doctor but despite that he was using medicines for treatment of people. This Pw was subjected to a cross examination by the defendant but nothing conflicting to the allegations contained in the reference made by the Authority, Sahiwal, could be brought on record. The perusal of documentary evidence Ex-Pa to P-m would show that all pre-requisites of law were observed before making reference to this Court besides proof of some allopathic medicines kept by the defendant in his shop.
7. Khan Muhammad defendant Dw-1 reiterated facts mentioned his written statement. He admitted in his cross examination that he had no previous dispute with Dr. Muhammad Saeed Sabri, Deputy District Officer (Health) Sahiwal. According to him, he is cultivator by profession. However, he used to get medical treatment for his brother from Dr. Safdar Saleem. Muhmmad Yaqoob Dw-2 denied that the defendant was doctor by profession.
8. There was no dispute to the fact that Muhammad Saeed Sabri Dw-1 had no previous enmity, ill will and grudge against the defendant. Therefore, false implication of the defendant on his behalf was out of imagination.
9. At the time of visit of the shop of the defendant, different medicines as mentioned in the inspection proforma Ex-pa were recovered from his shop. All these medicines were meant for treatment of human beings and not for animals. It was admitted on behalf of the defendant that he was not a doctor therefore, the defendant was not supposed to keep those medicines with him.
It therefore, appears that the defendant was dealing with the profession for which he was not qualified and he was not eligible to provide medical treatment to human being. Thus, it is stands established on record that the defendant, despite being not qualified doctor, was providing medicines to the people of locality. Definitely, he would fall within the definition of fake doctor. It being so, he was involved in medical practice illegally.
10. In view of above discussion, the reference is accepted. The defendant is ordered to cease to provide the medical treatment to the people of the locality and others. The DCO/Authority shall visit the shop of the defendant through some authorized agent and recall and confiscate the product/medicines lying in his shop. He shall further make it sure that the shop maintained by the defendant is closed for ever. The Registrar of this court is directed to send the copy of the order to DCO/Authority, Sahiwal for immediate compliance.
11. File be consigned after its due completion.