Excelsior Correspondent
JAMMU, Aug 9: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today initiated criminal process against Incharge/Manager Jammu Richfeel Health and Beauty Pvt. Ltd Dr Uzma Zargar for depriving the complainant of Rs 45,000.
The order has been passed in complaint filed by Shwetaketu Singh Jamwal alleged that the complainant lured by routine advertisements published in media by accused regarding hair transplantation.
He paid an amount of Rs 45,000 to accused as surgery fee, hair transplant fee and other expenses. However, when he visited the clinic for surgery he was attended by another doctor namely Dr Pradeep Sharma who suggested him not to opt for hair transplantation as complainant does not need the same.
The doctor even advised complainant to consult the staff of accused for refund of money. However, accused avoided him on one pretext or the other.
After going through the complaint, the CJM observed, “the statement of the complainant recorded on oath and arguments advanced by counsel for complainant 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 surgery but also flip-flopped in refunding him the 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 amount on fictitious representation right from inspection”, the court said, adding “prima facie 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”.
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