Saturday, April 6, 2013
Beware of Misleading Medical Practice ::: Supreme Court Punished Unfair Trade Practice
Nowadays, lots of the cases are found in our country where the innocent ignorant people are defrauded by misleading advertisement, unfair trade practice and medical negligence, practiced by unqualified and unregistered medical practitioner. Recently the Hon'ble Justice Mr. Sudhansu Jyoti Mukhopadhaya of the Supreme Court of India has confirmed the judgment of National Consumer Disputes Redressal Commission, New Delhi in a recent judgment in the matters of Civil Appeal No. 8660 of 2009, against such an unqualified and unregistered medical practitioner respondent, namely, Mr. R.K. Gupta of Rushikesh, who impressed and mislead the appellant Mr. Bhanwar Kanwar by his misleading advertisement, published in" Jansatta" in the year 1993, claiming total cure of fits with Ayurvedic Medicines, and had given small white tablets of selgin to the appellant's five year aged son Prashat, even though the same allopathic medicine Selgin was never meant for children and the respondent played with the life of the innocant child, even though he was not qualified to prescibe any such allopathic medicine. So the Hon'ble Apex Court ultimately held guilty the respondent Mr. R.K.Gupta for unfair and deceptive trade practice and ordered to enhance and give the total compensation to the appelant victim appellant for the mental and physical injuries suffered by them to the tune of Rs. 5,00,000/- five lacs, with an illustrative observation also against the trend of National Commission for deducting 50% compensation to deposit in legal aid account as such that " We find no reason given by the National Commission for deducting 50% of the compensation amount to be deposited with the consumer legal aid account"
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