CHHEDI LAL PIYAREY LAL Vs. DAYA BUX SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 25.7.1992 passed by District Consumer Forum, Sitapur in Complaint Case No.181 of 1991.

(2.) The facts of the case stated in brief are that the complainant suffered from diarrhoea on 27.6.1991. He purchased two packets of Narolex powder from opposite party No.1, M/s. Chhedi Lal Piyarey Lal, Chemists and Druggists. The receipt for purchase of the medicine was not given to the complainant. The complainant used these packets twice. He became ill and was taken to the hospital. On enquiry being made he showed the packets, the medicine of which has been consumed by him, to the doctor. The doctor told him that the date of medicine has expired. The complainant complained verbally to opposite party No.1 and in writing to opposite party Nos.2, 3 and 4. When no action was taken the complainant filed the present complaint claiming a sum of Rs.2,000/- as compensation and Rs.1,000/- as cost. No relief was claimed from opposite party Nos.2, 3 and 4.

(3.) The opposite party No.1 in its written statement alleged that the Narolex powder is a mild laxative and as the complainant was already having dehydration, therefore, this medicine should have been taken by him in the night just before the bed time. The complainant has not disclosed as to how he has used this medicine. It is also alleged that there is no expiry date on the wrapper of the medicine. It is further alleged that the medicine was not sold by the opposite party.