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DCO Authority vs Muhammad Shahid

CourtDistrict Consumer Court
Date2011-11-15
Judge(s)District Sessions Judge
ResultN/A

1. Deputy District Officer Health, Chichwatni made a reference to DCO/Authority with allegation that Muhammad Shahid S/o Muhammad Sharif being a fake doctor was involved in medical practice illegally.

2. Legal Notice U/s 28 (1) of the Punjab Consumer Protection Act 2005 was issued to him on 04-6-2011.

3. Muhammad Shahid submitted his written statement alongwith supporting documents. He admitted that he was not a doctor and that, factually, he was working as assistant /dispenser at the clinic of Dr. M. Mehmoob Alim, College Road, Chichawatni. However, DCO/Authority was not satisfied with the assertions made by Mr. Muhammad Shahid. Therefore, claim u/s 23 (4) of PCPA 2005 was sent to this court for further proceedings.

4. The notice was issued to the defendant to appear in the Court and submit his written statement.

5. According to him, he was neither a doctor nor he ever claimed so. He submitted that he was working in the clinic of Dr. M. Mehmoob Alim MBBS as assistant/his personal servant. He also submitted that he never acted as doctor while sitting in the clinic of Mr. M. Mehmoob Alim MBBS.

6. On 27-07-11, the statement of the defendant was recorded. He reiterated facts mentioned in the written statement. According to him, he was working as assistant with Dr. M. Mehmoob Alim MBBS.

7. According to him, his duty was to give appointments to the patients for consultation with doctor.

8. During hearing of the case, on the direction issued by this Court, the defendant managed personal attendance of Dr. M. Mehmoob Alim. The said doctor appeared in the court alongwith supporting documents. He produced before the court original certificate issued by PMDC showing that he was a qualified MBBS doctor. He also showed original I.D care issued by the Government of the Pakistan Medical and Dental Council, Islamabad. Both the original documents were returned to Mr. M.

9. Mehmoob Alim MBBS after having retained photocopies thereof on record. Both these documents alongwith other i.e appointment letter issued by Punjab Social Security Institution would show that Dr. M. Mehmoob Alim was a qualified MBBS doctor. It being so he was competent to run the clinic.

10. So far Mr. Muhammad Shahid the defendant was concerned, he never claimed himself to be doctor nor it was ever alleged against him that he was running the clinic as doctor. It therefore appear that defendant was simply working as assistant /personal servant on clinic of Dr. M.

11. Mehmoob Alim MBBS, College Road, Chichawatni. The reference appears to have been made due to some misunderstanding. Therefore, further proceedings in the matter would be wastage of time.

12. The claim/reference is therefore dismissed leaving the parties to bear their on costs.

13. File be consigned after its due completion.

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