SUNAKAR BHOL Vs. AMAR DRUG HOUSE

JUDGEMENT

(1.) Deficiency in medical service and defect in goods i. e. medicine is the subject-matter of this complaint.

(2.) Case of complainant is that on 7-4-1990 he got his son aged three years admitted to Paediatric department of S. C. B. Medical College Hospital for treatment where Opp. Party No.2 is Profession and Opp. Party No.3 is Superintendent of the hospital. His son was treated for Protien Energy Malnutrition. Although he was not fully cured and was having loose motion i. e. dysentery, he was discharged on 11-4-1990 stating that his condition was satisfactory. Dr. N. Dey who discharged his son from hospital advised and prescribed in the discharge certificate (a) High protien diet (b) Globiroh capsules 1 capsule a day; (c) Dexorange plus 1 tab. twice a day; and (d) to check up after one month. When his son was admitted, he was prescribed to take globiron syrup which had to be purchased by complainant from Opp. Party No.1 paying Rs.26-50 paise.

(3.) Grievance is that a child aged three years was advised to take capsules. After discharge complainant went to Opp. Party No.1 with the discharge certificate where medicines were prescribed for purchase of medicines Opp. Party No.1 sold the medicines and charged Rs.40/- for capsules and Rs.27/- for Dexorange plus as per receipt granted for Rs.67/-. Son of complainant could not swallow the capsule when administered and vomited. Second attempt after half an hour after was to the same effect. When complainant approached the doctors in the department to which he rushed on account of the result of administering medicine, doctors whom he approached did not pay any heed. One doctor advised to grind the capsule and administer the same. Finding no way out, complainant consulted Dr. S. K. Giri at his residence who prescribed medicines worth Rs.70/-. On 13-4-1990 when condition of his son did not improve, he consulted Dr. Giri again who prescribed medicines worth Rs.70/- again. When there was no improvement, complainant got his son admitted to INF Ward 2nd Unit of Sishu Bhawan by Dr. S. K. Giri where he was extensively treated to be discharged on 23-4-1990. On enquiry complainant came to know that Opp. Party No.1 did not supply the correct medicine. On account of pain and suffering, defect in goods and deficiency in service, claim of compensation of Rs.1,10,000/- has been claimed.