MOHIT DHAWAN Vs. RAKESH ASTHANA

JUDGEMENT

(1.) The hearing has been conducted through video conferencing.

(2.) The present case has long history which is evident from the complaint dated 29.10.2017 whereby one lady, namely, Gertrude D'Souza made complaint against the petitioner as under:

(3.) Whereas case of petitioner is that on 07.06.2017, Laura Glowacki, from USA, had approached petitioner for her dental ailments and decided to visit petitioner's clinic for her treatment. On 30.06.2017, on the recommendation of Laura, Gertrude D'Souza (herein after referred to as 'complainant') and Laura Glowacki both decided to visit the petitioner's clinic for their treatment together. The complainant initiated a conversation with the petitioner via e-mails regarding the queries of her ailment. Petitioner asked the complainant to send her medical/dental record, X-rays and CBCT records on 30.06.2017 wherein the complainant showed her inclination for getting the implant for her upper jaw. From 01 to 07.07.2017, complainant via email shared her CBCT Scan images and also the details of her lower jaw implants done in 2014/2015. The petitioner sent medical questionnaire to the complainant via email and the same was filled by the complainant. Complainant requested the petitioner to resend the list of blood tests required and complainant also sent the copies of her passport and OCI (Overseas Citizenship of India) to confirm her identity via email. On 19.07.2017, complainant requested the petitioner to send a copy of contract wherein the petitioner along with sending the copy of the contract also sent dental implant consent form, implant restoration contract and implant treatment warranty contract. On 09.08.2017 the complainant and her referral friend, Laura reached Chandigarh and on 12.08.2017, finally the complainant was successfully operated for dental implants. It is the case of the petitioner that the complainant tendered a cheque No.861146 of HDFC Bank dated 13.08.2017, however, wrote an e-mail to the petitioner asking him not to encash the same.