The Consumer Disputes Redressal Forum, Ahmedabad, has admitted a complaint filed by Consumer Education and Research Society (CERS), against the Uttaranchal-based Neeraj Clinic for its 'misleading' advertisements in the print and electronic media, claiming cure of epilepsy for about two decades.

The CDRF admission of the case is following the reports of Indian Medical Association (IMA) and the Advertising Standards Council of India (ASCI) exposing the hospital's advertisement a clear violation of Drugs and Magic Remedies Act. According to the reports, the hospital was found promoting a treatment using some Ayurvedic medicines having no proven effect on patients of epilepsy and giving anti-epileptic drugs in very high doses, which are toxic and dangerous.

In the CERS plea, it has complained that the hospital has been luring thousands of gullible patients and by releasing mass media advertisements. The hospital was, thus, cheating people by violating every legal norm with impunity.

Earlier, CERS had taken up the issue with the Advertising Standards Council of India (ASCI), which took into account the various references made to it by different sources, including CERS. ASCI endorsed the CERS stand and concluded that the advertisements constituted a breach of the law (violation of the Drugs and Magic Remedies Act). (ASCI Bulletin April-June 2003).

But, showing "scant regard" for ASCI's decision, the clinic continued to release its advertisements, which, it fully knew, were in flagrant violation of the law, the CERS petition stated.

However, CERS had written to the clinic urging it to respect ASCI's decision and stop issuing such ads; issue an apology for releasing false and misleading ads in print and visual media; give an undertaking that it would not release any such ad for magic remedy in the future; and to issue corrective ads. But since the clinic did not respond to the letter, the sources from CERS said.

Taking note of the clinic's series of advertisements in the media, the Indian Medical Association (IMA) deputed a team of doctors to Neeraj Clinic on 31 January 2000. The team found the advertisements to be "in clear violation of medical ethics as he (the owner) was soliciting payment using ayurvedic medicine having no proven effect on patients of epilepsy and giving anti-epileptic drugs in very high doses which are toxic and dangerous."

Meanwhile, a Parliamentary Committee led by Arjun Singh visited the Neeraj Clinic and commented, "The person (the owner) was cheating people by violating every legal norm with impunity and the government and its agencies have not been able to take action against him."

CERS also cited an earlier case when a three-year-old, Ahmedabad-based girl, a victim of epilepsy, had been taken to the clinic by her mother. It had charged Rs 24,000 for medicine and `treatment'. But after consuming the medicine, the child began to suffer more seizures. Her mother stopped the medicine. A laboratory test, as reported by the mother, revealed that the tablets contained steroids. She contacted CERS to pursue the matter with the clinic, which finally returned the money to her.

However, the clinic still continues to go its way so much so that it has been able to muster the support of some persons to neutralise the effect of adverse circumstances against it by managing to get favourable versions.

In the circumstances, CERS, in the interest of protecting consumers, had no option but to appeal to the Forum to direct the clinic to respect ASCI's decision and stop issuing such advertisements in contravention of the Consumer Protection Act 1986 and the Drugs and Magic Remedies Act, 1954. CERS further prayed to the Forum to direct the clinic to issue corrective ads of the same size in the same newspapers to neutralise the effect of his misleading ads.