Orissa

Khordha

CC/198/2022

Bijay Kumar Nayak. - Complainant(s)

Versus

(1) Healthbuddy Phoolbagan Medi shop. - Opp.Party(s)

Self

27 Dec 2022

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/198/2022
( Date of Filing : 25 Jul 2022 )
 
1. Bijay Kumar Nayak.
Plot No- 376/4123, Road 7, Mahadev Nagar, Jharpada, Bhubaneswar.
...........Complainant(s)
Versus
1. (1) Healthbuddy Phoolbagan Medi shop.
P-25, Swami Swarupa Nanda Sarani, CIT Scheme-VIM, kankurgachi, Phoolbagan, Kolkata-700054.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:
 
Dated : 27 Dec 2022
Final Order / Judgement

DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

 

C.D.CASE NO.198/ 2022

 

Bijay Kumar Nayak, aged about 38 years,

Residing at plot No.376/4123, Road 7, Mahadevnagar,

Jharapada, Bhubaneswar, Odisha - 751006

 

                                                                             ….     Complainant

                        -Vrs.-

 

Healthbuddy Phoolbagon Medi shop

A Unit of Myjoy Pharmaceuticals Pvt. Ltd., P-25,

Swami Swarupa Nanda Sarani, CIT Scheme- VIM, Kankurgachi,

Phoolbagon, Kolkata – 700054, West Bengal,

Ph- 03366806680, GSTIN : 19AHCM 5831H1Z9

 

                                                                             ….     Opp. Party

 

For the complainant      :         Self

For the O.P                    :         Exparte

 

DATE OF FILING         :         25/07/2022

DATE OF ORDER        :         27/12/2022  

 

ORDER

K.C.RATH, PRESIDENT

 

1.       This is an application U/s 35 of the C.P.Act, 2019.

 

2.       The complainant’s case in brief is that, he had ordered for certain medicines namely Vorier from the OP through Sastasundar.com. He had ordered for medicine of a particular company. The medicine delivered to him was of the same name but of the different company. After receipt of the medicine, he raised protest before the vendor who replied that, both the companies are the same and as such, there is no deficiency in service.  Hence this complaint.

 

3.       On the other hand, the  OP was set exparte and exparte hearing was taken up on 22/12/2022.

 

4      Perused the materials on record.  It is true that,  the complainant had ordered for certain medicine from the OP. He had ordered for that of a particular medicine of a particular company but the vendor supplied him the medicine of a different company. If the medicine of that particular company so ordered by the complainant , was not available with him, he could have said “NO”  to the customer but instead of thereto, he supplied the medicine of a different company. When the complainant raised protest, he should have taken back the medicine supplied by him and should give refund the consideration amount to the complainant.  But he did not do it, which amounts to deficiency in service. Therefore, the complaint bears merit.  Hence it is ordered.

ORDER

 

The complaint is hereby allowed exparte  against the OP.  The OP is  hereby directed  to pay a sum of Rs.1233/-   (Rupees  one thousand two hundred thirty-three) only,  towards  cost of the medicine received by it from the complainant.  The OP is further directed to pay an amount of Rs.2,000/-   (Rupees  two thousand) only  to the complainant towards  compensation  for mental agony suffered by  him and a further sum of Rs.1000/-  (Rupees one thousand)  only towards litigation expenses.  The order be complied with by the OP    within a period of one month  from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OP in accordance with law.

 

The order is pronounced on this day the           January,  2023  under the seal & signature of the President and Member (W)   of the Commission.

 

                                                           

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

 

   

          President                                                                                     

 

I agree                                                                            

 

 

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno

 

 

 

 
 
[HON'BLE MR. SRI KRUSHNA CHANDRA RATH]
PRESIDENT
 
 
[HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY.]
MEMBER
 

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