LMD penalizes dermatologist for unfair trade practices

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Srinagar—The Department of Legal Metrology received a complaint from one Bashir Ahmad Mir, R/o Khomeini Chowk, Bemina, against a dermatology clinic operating in Srinagar which was resorting to unfair trade practices.

The consumer had approached the clinic for treatment of hair-fall and transplantation.

The doctor in the clinic recommended certain medical tests before going for minor surgery of hair-transplantation. The consumer spent Rs 6000 for the tests and produced the same before the doctor for the analysis. The doctor assured the consumer that hair-transplantation surgery shall prove 100% successful as all the parameters are satisfactory.

The consumer then deposited Rs 40,000 in the account of the clinic for the surgery which proved unsuccessful. The consumer approached the clinic to demand compensation but the management didn’t provide him any succour.

The management attributed the failure of treatment to the patient’s slackness, accusing him of not taking medicines regularly. The consumer got hurt by the response of the management of the clinic and was subjected to mental agony.

After going through the complaint, the Department observed that the medical prescription issued to the complainant does not carry the details of surgery and treatment, as is required under law. The notice was issued to the clinic.

The clinic through their counsel raised certain legal objections which were cleared in the Department`s second notice. The private hospitals/nursing homes/clinics fall under the purview of Jammu and Kashmir Consumer Protection Act, 1987 as these institutions provide service against payment/consideration. The Government has empowered officers of Legal Metrology Department to lodge consumer complaints in the consumer courts of the state. Both the parties attended the office of the Deputy Controller Legal Metrology (Consumer Protection) Kashmir to be heard in person.

They mutually agreed to settle the dispute amicably in order to avoid any litigation. The management of the clinic offered the complainant a cheque amounting to Rs 22000 as compensation for his mental agony in presence of Joint Controller Legal Metrology Kashmir.

The consumers are informed to preserve the medical prescriptions, clinical reports, receipts of surgery-charges/medicines etc as these stand evidences in relevant forums whenever there is a consumer dispute.

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