LAWS(NCD)-2007-1-24

HAMDARD DELHI Vs. RAM AVTAR

Decided On January 03, 2007
Hamdard, Delhi and Anr. Appellant
V/S
Ram Avtar and Anr. Respondents

JUDGEMENT

(1.) This appeal has been directed by the opposite party Nos. 1 and 2 against order dated 15.5.2000 passed by Consumer Disputes Redressal Forum, Sirsa (hereinafter to be referred as District Consumer Forum), vide which the complaint of Ram Avtar, respondent No. 1(complainant) was accepted with costs of Rs. 1,000 and he was awarded compensation of Rs. 19,000 i.e. Rs. 15,000 on account of supplying contaminated Naunihal baby tonic and further Rs. 4,000 on account of harassment, mental agony, etc. against appellant opposite party Nos. 1 and 2).

(2.) Briefly stated the facts are that respondent No. 1 (complainant) purchased two bottles of Naunihal baby tonic from M/s. Dharamani Stores, City Thana Road, Sirsa- respondent No. 2 (as mentioned in the appeal) on the recommendation of a BAMS doctor for giving to his son. However, after 3-4 days of giving the tonic to his son, he started feeling inconvenient and he got examined his son from the doctor who disclosed that child had suffered jaundice and diagnosed of viral hepatitis. Thereafter, son of the respondent No. 1 remained under treatment for 20 days and also got checked the other bottle purchased from respondent No. 2 and it was found to be contaminated with dead ants.

(3.) Alleging deficiency in service and financial loss and harassment, pain, mental agony to his son, he filed the complaint and claimed Rs. 2,20,000 as compensation.