L D BAJAJ Vs. HARI CHAND

JUDGEMENT

(1.) It's an appeal against the order of the District Consumer Disputes Redressal Forum, Muktsar (hereinafter called the District Forum ).

(2.) Brief facts stated in the complaint are that the appellant-respondent (hereinafter called the respondent) distributed advertisements in August, 1998 regarding any type of disease curable by him treatment with guarantee, otherwise money paid would be refunded at once. Respondent had demanded Rs.10,000/- and guarantee to cure the respondent-complainant (hereinafter called the complainant) who was suffering from throat cancer. The complainant remained admitted in the hospital of the respondent from 8.9.1998 to 17.10.1998 and had paid Rs.9,600/-. Only Rs.400/- remained as balance. But the throat cancer of the complainant was not cured by the respondent as guaranteed by him. It was then mentioned in the complaint that the complainant had paid Rs.9,600/- out of Rs.10,000/- as agreed between the parties. The complainant had suffered mental and physical loss to the tune of Rs.80,000/- and had spent Rs.10,400/- as miscellaneous expenses. The respondent had written Rs.9,600/- paid by the complainant on the back of his advertisement with his own hands and signatures. The wife of the complainant Smt. Banso was also present at the time of making the payments. Respondent had refused to refund the money paid by the complainant and had also refused for any treatment a week ago. A prayer was made in the complaint that compensation of Rs.1,00,000/- be awarded to the complainant against the respondent. Litigation expenses were also demanded in the complaint.

(3.) In reply, the respondent had raised preliminary objections to the effect that the complaint was not maintainable and was liable to be dismissed in limine being frivolous and vexatious; that the complainant had not approached the Forum with clean hands and had concealed certain material facts.