VIKAS AGGARWAL and his son Yash Garg bought a medicine for dengue from a chemist store at GMCH-32 for Rs 180. The father-son duo were in for a shock when the same medicine they bought from another chemist store for Rs 18 only. The Consumer Forum of Chandigarh has taken a strict view of the matter and penalised the chemist shop and GMCH Rs 25,000 each. The forum has also forwarded a copy of the order to the Secretary, Health, Chandigarh Administration, for appropriate action. On December 18, 2017, the complainants, Vikas and his son Yash, went to GMCH (Government Medical College and Hospital) Sector 32, where Yash was diagnosed with dengue. On doctors’ prescription, they purchased Paracip 650 mg for Rs 180 from Apna Chemists. Later, they purchased the same medicine, Paracip 650 mg, from another medical store on a payment of just Rs 18. Advocate Nikunj Dhawan, counsel for the complainants, argued that the GMCH is the authority controlling the misdeeds of the Apna Chemist shop as it is their licencee within the complex and building of GMCH. However, they failed to keep a check on the chemist shop. Apna Chemists was issued a registered notice for April 2018; it was not received back undelivered. Therefore, the chemists were presumed to have been served the notice. In spite of service of the notice, they did not appear before this forum and thus were proceeded against ex-parte. The GMCH-32 in its reply submitted that they have constituted a committee to inspect shop of Apna Chemists. They have penalised Apna Chemists on the complaint of Mohit Mehta earlier. The complainants in the present case, however, have not alleged overcharge of the cost of medicines and misbehaviour. Therefore, no action was warranted. Professor B S Chavan, Director Principal of GMCH, also submitted that since no complaint was received, GMCH is not responsible for taking action. After going by the records and submissions, the forum held that the chemist had cleverly mentioned pack 10, quantity 10 and a total cost of Rs 180. Regarding the reply of GMCH, the forum held that they opted for following the escape route so that no complaint was made to the Director Principal. Therefore, action against the chemist was not taken. The forum stated that the Director Principal of GMCH is authorised to impose penalty of Rs 5,000 for the first misbehavior which could be increased three to five times in case of repeated irregularities in this regard. “.We are wonderstruck to note worthy Director Principal of OP-2 (GMCH) had said that no complaint was received..it is a case of total inaction and adamant behaviour on the part of functionary of GMCH. Flagrant violation of the clauses of the licence deed is being impliedly permitted to be done as no action is being taken/initiated against Apna Chemist.,” held the forum. The forum ordered the Apna Chemists to refund Rs 108 to the complainant. The chemist shop and GMCH were told to pay Rs 10,000 each as punitive damages into the Consumer Legal Aid Fund account, and to pay Rs 15,000 each to both complainants as compensation and litigation cost.
