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