Court issues criminal process against Doctor & ors
JKUT (Jammu), August-09-2021-( JNF):- Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today issued criminal process against Jammu Richfeel Health and Beauty Pvt. Ltd, Incharge/Manager Jammu Richfeel Health and Beauty Pvt. Ltd and Dr. Uzma Zargar Jammu Richfeel Health and Beauty Pvt. Ltd for depriving the complainant of Rs 45000/-.
This significant order has been passed in complaint filed by Complainant Shwetaketu Singh Jamwal alleges that lured by routine adds published in media by accused regarding hair transplantation, he approached them and consulted accused no. 3 namely Dr. Uzma Zargar at her clinic (reflected as accused no. 1) situated at Gandhi Nagar, Jammu on 01.03.2021; that accused no. 3 recommended him (complainant) for hair transplantation surgery; that he was made to believe that accused are highly expertise in the field of hair transplantation and have been doing the same for a long time; that he (complainant) also paid an amount of Rs. 45,000/- to accused as surgery fee, hair transplant fee and other expenses details of which is given in annexure B with the complaint; that this amount was paid as advance charges for the purpose of hair transplantation and payment thus made was through online mode; that on 23.03.2021, when complainant visited the aforesaid clinic for surgery to be performed, he was attended by another doctor namely Dr. Pradeep Sharma who suggested him not opt for hair transplantation as complainant does not need the same; that he even advised complainant to consult the staff of accused for refund of money advanced; that complainant was deceived by proprietor of accused no. 1 clinic, accused no. 2 who is Manager thereof and accused no. 3 Dr. Uzma Zargar and wrongfully deprived him of an amount of Rs. 45,000/-; that whenever he went for refund of aforesaid amount, accused always avoided him on one pretext or the other; that complainant has been cheated and has been deprived of aforesaid amount by accused with dishonest intention etc. etc.
Chief Judicial Magistrate Jammu Amarjeet Singh Langeh after gone through the complaint observed that the statement of the complainant recorded on oath and arguments advanced by Ld. counsel for complainant, all would ex-facie show that despite having received an amount of Rs. 45,000/- from complainant as fee for performing hair transplantation surgery on him, accused not only failed in performing said surgery but also flip-flopped in refunding him the aforesaid amount. Needless to say, relationship between a patient and a clinic providing facility like one in hand is purely of trust. This core element, in the case in hand as evidence would prima facie show – has substantially been shaken by all accused in cahoots with each other to deprive complainant of the aforesaid amount on fictitious representation right from inspection. Prima facie therefore, a clear case of commission of offence under section 420 of IPC is made out against accused on facts for which cognizance is taken in the instant complaint and process is directed to be issued against the accused. Needless to say, accused no. 1 is said to be proprietor of clinic in question and directed office to issue summons for appearance of accused for next date of hearing so that complaint can be proceeded further in accordance with law. JNF