Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Deceit Medical treatment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 - s.14(1)(f) - Medical treatment - Deceit - Appellant's son suffering from convulsions/fits- Respondent no.1, an Ayurvedic practitioner, had claimed through advertisement that he had total cure for such convulsions/fits - Allegation of deceptive practice by respondent no. 1 - that he administered Allopathic medicines passing them off as ayurvedic medicines - Held: The respondents relied on a letter dated 24th February, 2003 ·issued by the Medical Education Department, Government of U.P. to suggest that the Aurvedic/Unani Practitioners practicing. Ayurvedic System are also authorised to use allopathic medicines under U.P. Indian Medical Council Act, 1939 - However, since the incident and treatment as alleged by the appellant relate to the period 1994 to 1997, therefore, letter dated 24th February, 2003 is of no avail to the respondents - Respondent No. 1 was guilty of unfair trade practice and adopted unfair method and deceptive practice by making false statement orally as well as in writing - Both the child and his mother (appellant) suffered physical and mental injury due to the misleading advertisement, unfair trade practice and negligence of the respondents - Appellant and the child thus entitled for enhanced compensation for the injury suffered by them - Since no reason given by the National Commission for deducting 50% of the compensation amount and to deposit the same with the Consumer Legal Aid Account of the Commission that part of the order passed by the National Commission is set aside - Amount of compensation enhanced from Rs.5 lakhs (as directed by the National Commission) to Rs. 15 lakhs with direction to the respondents to pay the amount to the appellant. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 216 |
Petitioner | Bhanwar Kanwar |
Respondent | R.k. Gupta & Anr. |
SCR | [2013] 3 S.C.R. 151 |
Judgement Date | 2013-04-05 |
Case Number | 8660 |
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