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M.A.A.KHAN, RATAN PRAKASH
KAMLA DEVI – Appellant
Versus
UPHAR MEDICAL BANIPARK JAIPUR – Respondent


Advocates:
Counsels for the Parties :
For the Appellant :Mr. Kishan Lal, Advocate.
For the Respondent:Mr. Devendra Singh Nirwan, Advocate.

ORDER

Mr. Justice M.A.A. Khan, President—These three appeals between the same parties involving the same common facts were heard togather. These are, therefore, being disposed of by this common order.

2. Smt. Kamla Devi alias Smt. Chalti Devi, the complainant-appellant in all the three appeals, is an old lady of more than 60 years of age and suffering from heart desease. Her doctor had prescribed “Nippy” tablets for her said ailment. She purchased such tablets on 24.2.2001, 1.3.2001 and 11.3.2001 from the respondent opposite party and every time the respondent charged a price of Rs. 20.50 for strips of ten tablets each from her against the printed maximum retail price including sales taxes at Rs. 14.20 of each strip. When she objected against such unfair trade practice of the respondent, he rudely refused to sell the tablets to her but since she could not get such tablets conveniently from other sellers of medicines she was compelled to purchase the tablets from the respondent at higher price. She, therefore, filed three complaints, being Nos. 785, 786 and 787/2002.

3. In the replies filed by him the respondent did not dispute the factual position that he had charged Rs. 4.74 for each
















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