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DCO Authority vs Muhammad Atif

CourtDistrict Consumer Court
Case No.Case No. 963
Date2012-09-29
Judge(s)District Sessions Judge
ResultN/A

1. DCO/Authority through DDO (health) Sahiwal referred the claim U/S 23 (4) of the Punjab Consumer Protection Act 2005 against the respondent Muhammad Atif with allegation that the respondent being a fake doctor was involved in illegal medical practice.

2. Despite observing due formalities of law, the respondent did not appear in the court. He was therefore proceeded against exparte.

3. The learned Assistant Director Legal for DCO/Authority placed reliance on inspection note Ex-P1 dated 06-04-12 prepared by DDO health Sahiwal and inventory dated 21-03-12 Ex-P2 and closed the claimant's exparte evidence.

4. The perusal of letter dated 06-04-12 Ex-P1 and inventory dated 21-03-12 Ex-P2 would show that DDO Sahiwal inspected the Atif Clinic on 21-03-12. The respondent Muhammad Atif is stated to be the owner of the clinic whereas, at the time of inspection, one Faisal Mukhtar, cousin of the respondent was sitting in the clinic. The clinic was being run by unqualified person. Some used syringes and allopathic medicines were also taken into position by the DDO Health Sahiwal. It was visible from perusal of both the documents that the respondent was not qualified doctor but despite that he was running the clinic. He lacked the requisite skill, qualification and experience to run the clinic.

5. There was no evidence on record in rebuttal to the allegations and the documentary evidence furnished by the claimant.

6. Therefore, it is stands established that the respondent was not a doctor and that he was running the clinic un-authorisely and illegally. He therefore is held guilty of unfair practice, punishment whereof, is provided U/s 31 &32 of the Punjab Consumer Protection Act 2005. The respondent is burdened with fine of Rs. 25,000/- to be paid within 07 days from the day of passing this order. He shall close the business forthwith. The copy of this order be sent to DCO/Authority for compliance. If the amount of fine is not paid within the stipulated period, the Authority shall bring this fact into the knowledge of this Court in writing so that amount of fine may be recovered by adopting legal modes as provided in the Punjab Consumer Protection Act.

7. File be consigned after its due completion.

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