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Case against Homeopath clinic

(Querist) 11 March 2010 This query is : Resolved 
This complaint is regarding a homeopathy clinic named Nash Homeoplex located at various places in Mumbai.
I was a patient at Nash Homeoplex for the entire last year 2009.
I had joined Nash for my skin problems.

I am finding myself cheated as the ASSUARANCES of curing my skin problem given to me before the treatment are not fulfilled( not a bit ) till now even on the
completion of the treatment of one year.

Nash Homeoplex has cheated me by getting me enrolled for treatment by giving false promises and COMMITMENTS of showing the start of the results within 3 months of
enrolling after paying the entire fees.
Nash Homeoplex has not delivered a bit of the results they COMMITTED.

I want to file a case against them.
As usual they had not given their commitments in written and so they are now shedding their responsibilities claiming that they are not responsible if the
treatements does not show any improvement as they had not commited in written.

Anyway I have a voice recording( during my third visit ) of the doctor taking responsibility.
During the first visit the doctor had made tall claims and took the responsiblity which I did not recorded as I believed them as they were taking responsibility.
During my second visit I paid partial payment.
During my third visit I paid the remaining amount. At the same time I took a voice recording of the doctors satatements in which the doctor has again said that "Yes I( the doctor) had given the assuarances of curing the skin."
Can this voice recording be considered equivalent to a written assuarance and help to make my case stronger and nail nash homeo.
So anybody can please let me know how string is my case against Nash?
B K Raghavendra Rao (Expert) 11 March 2010
In medical treatment curing is not assured because it depends upon various factors like one's body constitution, compliance of followup instructions, diagnostics, response of internal organs of the body etc. A doctor can only give medicine but cannot be held responsible for immediate cure. Even in the voice recorded by you the doctor has not prescribed any period of time within which your skin disease is going to be cured.

In fact, they may claim that you have not followed the instructions given by them and hence you are responsible for the status of your skin disease. Therefore, your case is not very strong.

However, you may issue a legal notice to them claiming compensation for deficiency of service and losses suffered by you and later file a case in consumer court.

Raj Kumar Makkad (Expert) 12 March 2010
I have similar opinion as of Rao on this matter.
Kumar Thadhani (Expert) 12 March 2010
The opinion given by experts on your is biased.
RKP (Querist) 13 March 2010
Thanks Raghvendra, rajKumar and Kumar for the inputs.

I was told at the begining of the treatement that I may see the result within 3 months of start of treatement and so I was expecting the same, some sings of improvement and not the entire cure as I understand it may take time as its homeo.
But I did not see even the a bit of result which I should have as one year is enough for so called expensive clinics.

The doctor had taken responsibility and given a time frame of 3 months to see the first sign of result and so I had joined nash.
It is correct that that can claim that they have not given any time frame. But if they would have said me that it may take infite time then I would NOT had joined nash.

As suggested by Kumar Thadani that the opinion is baised it may seem so as its favouring the doctors, but I think this may me happening in most of the medical cases and the doctors are escaping.
Kumar Thadani requesting you to please let me know your inputs on the query.

I had already sent a notice to them which as expected they have not replied.
They are under the impression that they are not responsible for any commitment given by any of their doctor. This I had learned when my treatement was ongoing and I had informed them about the commitment, in the reply of which I was told that "We(Nash Homeo) cannot be held not responsible if any of our doctors give such a commitment. Its the doctor's responsibility and not Nash.".


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