V. KAY VERMA vs Raj Medico

THIS appeal is directed against an order passed by District Forum, Muradabad whereby the Forum has rejected the Complaint.

THE facts of the case reveal that the Complainant purchased medicine for Rs. 6.50 paise from the shop of the Opposite party. THE complainant after words purchased the same medicine for Rs. 2/- (two rupees) per capsule from another shop. As the opposite party charged enhanced price from the complainant filed the Complaint before the District Forum, Muradabad complaining about this misconduct on the part of the Opposite Party. The District Forum, Muradabad has recorded the finding that the Opposite Party realized price in excess of schedule price but instead of granting the relief to the complainant, they dismissed the complaint.

Aggrieved by the order of the District Forum the complainant has come up in appeal before us. In view of the specific finding that the opposite party recovered excess price the Forum, should have taken a serious view of the matter, and should have called upon the opposite party to pay compensation for the illegal act committed by them (opposite party).

IT is regretted that the opposite party in spite of service has not put in appearance but that will not absolve him from the responsibility for rendering defective service to the complainant. In view of facts that the opposite party has been found guilty of the act of charging excess price we direct that a copy of our order shall also be sent to State Govt, for such action as it is advised to take in the matter.

FOR reasons stated above we allow the appeal and hold that opposite party is liable to pay Rs. 100/-(one hundred), as compensation to be payable by opposite party to the complainant. This amount should be paid by the Opposite Party to the Complainant by 29th March, 1993. The appeal and the complaint a re decided in the manner indicated above. Appeal allowed.