CLAIM UNDER SECTION 23 (4) OF PUNJAB CONSUMER PROTECTION ACT 2005.
1. The DO (Health) Sahiwal, on 05-01-12, visited Ghulam Rasool Clinic 56/5L Adda, Sahiwal and found Mr. Ghulam Rasool involved in allopathic practice. Allegedly, he was a quack and he did no possess any document/certificate for running the clinic under Allopathic System Ordinance LXV 1962. The said District Officer Health made following observations at the time of inspection of the clinic of the defendant.
Person in non qualified and un-lawful services.
Premises was dirty and sanitary condition was poor.
Re-use of syringes was being done.
Syringe cutter was not available.
Allopathic medicines were being used without authorization. Injections were being administered without lawful authority. Un-registered medicines were available.
Stitching instruments were available without authorization. Laboratory equipment was available without qualification. Inj. Dexamethasone was being used.
2. The matter was reported to DCO/Authority Sahiwal. On 16-01-12, a legal notice as required u/s 28
(1) of the Punjab Consumer Protection Act 2005 was issued to the defendant with allegation that he, being a quack doctor, was involved in illegal medical practice. The DCO/Authority obtained the reply of the defendant in writing and referred the matter to this court for further legal action.
3. The defendant was summoned. He appeared in the court in person and made a statement admitting his reply Mark-A filed before the DCO/Authority regarding the allegation leveled against him. He stated before the court that he simply invested money to establish a clinic on the instigation of Dr. Ghulam Mustafa who had to run the clinic. Later, the said doctor quit the clinic.
Thus, his entire investment was wasted. He assured to close the clinic forthwith and not to re-open it in future. He further stated before the court that if he repeated the fault, he may be awarded any punishment including conviction.
4. The reply Mark-A filed by the defendant before DCO/Authority was also perused. The defendant took the same defence more or less in the same words which he had uttered before this court. The defendant took place on record some documents about Shoukat Khanam Hospital tests which indicate that he himself was not enjoying the good health rather, he was suffering some serious ailment.
5. The perusal of reply Mark A, statement of the defendant made before this court and the documents available on record, would show that the defendant was neither a doctor nor he himself was running the clinic. Therefore, he could not be blamed that he was a quack. He simply invested money and establish a clinic on persuasion of Ghulam Mustafa who was to run the clinic but he deceived the defendant and elected to join some other clinic ensuring wastage of the investment made by the defendant. The defendant was not competent/eligible to establish a clinic. To this extent, he is at fault. Since there was no evidence that in-fact he was prescribing any medicines or attending any patient, therefore, he could not be held guilty under the Punjab Consumer Protection Act 2005. However, the defendant is warned to remain careful in future. He shall close the clinic/shop forthwith. If he re-opened it in any capacity, he shall be taken to task as per his own statement and he may be convicted. The reference made DCO/Authority is disposed of accordingly.
6. The Registrar of this court is directed to send the copy of the order to the DCO/Authority for information.