CLAIM UNDER THE PUNJAB CONSUMER PROTECTION ACT, 2005
1. The claimant DDO (health) Sahiwal moved the reference through DCO, Sahiwal that in connection with anti quackery campaign, found the present respondent Shoukat Ali who was busy in medical practice and using Allopathic medicines at his clinic without any authority and the certificate. The Allopathic medicines were recovered from his clinic.
2. The defendant filed the written statement and denied the allegations and submitted that he is a qualified Hakeem and never follow the Allopathic system of treatment.
3. The claimant recorded his statement in support of the reference as Aw-1 and produced medicines recovered from the clinic of the defendant. The defendant recorded his statement as Rw-1 and produced certificate of Hikmat as Mark-A and Registration No as Mark. B and closed the evidence respectively.
4. Arguments heard. Record perused.
5. The statement of the claimant has proved that the defendant was running the Allopathic practice and the Allopathic medicines were recovered from this possession at the time of the visit of the DDO(health). The recovery of the medicines is substantive piece of evidence. The use of Allopathic medicines by the defendant is illegal and he was found using the Allopathic medicines without any authority and has proved a fake doctor to that extent. This recovery is not strictly denied by the defendant. The defendant in his statement categorically admitted that he has no enmity with the claimant/ DDO (health). He also admitted in his statement that he never met with the claimant before today when he was recording his statement. Defendant also admitted that claimant never demanded him any bribe or monthly. Defendant in his written statement take a plea that on 22-06-10 when DDO conducted the alleged raid, his clinic was closed because on 24-06-10 the marriage ceremony of his son going to be held. In this regard defendant could not produce any invitation card and any other supporting document in support of his plea. Further more during the cross examination of the claimant, it was suggested to him that when the raid was conducted, the clinic of the defendant was closed. Claimant categorically denied this suggestion. Defendant raised an objection that all the proceedings conducted by the DDO (health) were forged but in support of his version defendant did not produce any cogent evidence oral as well as documentary proof.
His statement is not corroborated with any independent witness. Defendant could produce any person of his village/locality who could corroborate his version and to rebut the version of the claimant. This defect on his part goes to the root of his defence. When it is established that claimant has no enmity with the defendant and no illegal bribe or gratification was demanded by the claimant from the defendant, what was the need to claimant to file a reference against the defendant. The claim stands proved. The defendant is burdened with Rs. 10,000/- (Ten thousand) to be deposited within one month in the relevant head. The EDO (health) will ensure to retrench all the medical equipment and allopathic medicines from the clinic of the defendant and will report to this court immediately and will also ensure that the defendant will not run Allopathic system of medicines in future as he has no medical qualification. Recovered medicines be kept in safe custody by the Ahlmad till the expiry of the period provided for the appeal or till further orders for the disposal in accordance with the law. Registrar of this Court is directed to send a copy of the orders to the DCO/Authority for immediate compliance.
6. The file be consigned after due completion.