BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Wednesday the 30th day of November, 2005
CD No.156/2005
J.Venkataswamy, S/o J.Pullaiah,
H.no.G-3, Chandra Lok Complex, Nehru Nagar, Kurnool.
. . . Complainant
-Vs-
1. The Manager, W.W.S.Sky Shop,
UG-5, Rafeai Tower, 5/8-Old Pulsia Road, Indoor-01, Madya Pradesh.
2. The Manager, W.W.S.Sky shop Private Limited,
A.R. Plaza, 6-3-850/2, 2nd Floor, Ameer Pet, Hyderabad.
. . . Opposite party
This complaint coming on 28.11.2005 for arguments in the presence of Sri.C.Joga Rao, Advocate, Kurnool for complainant and opposite parties 1 and 2 set exparte, and stood over for consideration till this day, the Forum made the following.
O R D E R
(As per Sri K.V.H.Prasad, Hon’ble President)
CC.No.156/2005
1. This Consumer Case of complainant is filed under section 12 of Consumer Protection Act seeking a direction on the opposite parties to pay to the complainant Rs.1,152/- (the cost of D-care Drug and VPP charges) together with interest at 24% till its realization, Rs.2,500/- as the medical expenditure incurred by complainant for reaching normalcy from the side effects he got on consumption of said drug, Rs.25,000/- towards compensation, damages, pain, sufferance and mental agony suffered by the complainant and Rs.5,000/- towards the costs alleging the purchase of said product (D-Care Drug) marketed by the opposite parties advertisement through TV media as useful for diabetes without any side effects, by placing in order on phone and paying the amount of Rs.999/- on 02-01-2005 as mentioned in invoice along with Rs.153/- towards VPP charges in favour of the opposite parties and the consumption of said drug by the complainant on 24-01-2005 in the early morning hours and having allergic complications and having treatment from Dr.K.G.Govinda Reddy for said complication and regaining normalcy on considerable treatment and discontinuance of said drug. The said Doctor has issued a certificate that the said allergic suffering to the complainant was due to the consumption of said drug. The opposite parties did not respond to the above circumstances and for the request of the complainant to refund the amount incurred and the said conduct of the opposite parties is amounting to deficiency of service in not holding responsibility for the effects of said drug and in not considering the request of the complainant for refund of the amount.
2. In-spite of receipt of notices of this Forum as to this case of the complainant the opposite parties did not turn up to the proceedings by abstaining themselves and hence there were set exparte.
3. In substantiation of the complaint averments the complainant beside swearing an affidavit in reiteration of the complaint facts relied upon the documentary record in Ex.A1 to Ex.A8.
4. Hence, the point for consideration is whether the complainant made out any case of deficiencies of the opposite parties and their liability to the complainants claim.
5. The Ex.A1 is the invoice issued in favour of complainant on 21-01-20054 towards the sale of D-Care plus for Rs.999/- in pursuance of order placed vide order No.08518-309992. The perusal of said invoice indicates its issual by the authorized signatory for WWS Ship Private Limited (the opposite party No.). In the absence of any material discrediting its worth the said document is taken into consideration for believing the alleged purchase of said drug by the complainant as alleged in the complaint.
6. The Ex.A2 is the letter dated 03-02-2005 addressed by the complainant to the opposite party No.1. It says the matters that occurred at eh Consumption of said drug and his undergoing medical treatment and requesting for the collection of said drug and refund of the cost of said drug and VVP charges enclosing there with medical certificate and copy of the invoice bill. The Ex.A3 is a courier receipt under which the original of Ex.A2 was said to have been communicated to the opposite party No.1 and the Ex.A4 is the courier receipt envisaging the acknowledgement of the Ex.A2 letter by opposite party No.1 the Ex.A5 is the office copy of the legal notice caused by the complainant to the opposite party No.1 vide postal receipt in Ex.A6 reiterating the facts of side effects on consumption of said drug and his undergoing treatment for over coming them and his earlier reference requesting for collecting back the drug and the refund of the amount incurred by him and also requiring the opposite party to compensate him with Rs.25,000/- towards compensation for mental agony and Rs.2,500/- for the medical expenditure. The said notice in Ex.A5 was acknowledged by the opposite parties vide postal acknowledgement in Ex.A7. In the absence of any material from the opposite party side discrediting the worth of the supra stated exhibits, the material therein is remaining worthy of consideration in support of the complainants case.
7. Even though the complainant alleges his undergoing treatment with Dr.K.G.Govinda Reddy and incurring of medical expenditure of more than Rs.2,500/- for re-courting to normalcy, neither any certificate said to have been issued by said doctor has to the treatment he has given to the complainant nor any affidavit of the said doctor nor nay cogent material justifying the expenditure of alleged Rs.2,500/- is filed by the complainant in substantiation of said fact. Hence, for want of cogent proof the said claim for Rs.2,500/-is disallowed.
8. In the absence of any material substantiating the actual sufferance of the complainant there appears any justification in the claim of Rs.25,000/- as compensation for mental agony sufferance etc. Hence the said claim is disallowed.
9. As the invoice in Ex.A1 indicates not only the price of the said drug as Rs.999/- but also mentions therein the VVP as Rs.153/- and the same being reiterated in Ex.A2 and Ex.A5 the said claim of Rs.1,152/- (price of drug of Rs.999/- plus VVP Charges Rs.153/-) is allowed as the said drug is produced vide Ex.A8.
10. As the opposite parties did not settle the claim of the complainant at least to a reasonable extent in-spite of his repeated demand vide Ex.A2 and Ex.A5 and constrained by their non responsive conduct, the complainant to resort to the Forum for reddressal of his grievances the complainant is entitled to a sum of Rs.500/- as to the costs and interest 12% on Rs.1,152/- from 21-01-2005 till its realization.
11. The complainant except alleging the advertisement of said drug through TV media not placed any cogent material as to hold a joint liability and responsibility of the opposite party No.1 along with opposite party No.2 and on the other hand the perusal of the material on Ex.A8 product indicates its manufacturing in India by Davo laboratories, plot No.101, Sector H.Govindapura Industrial Area Bhopal-462023 (who his not party to the proceedings) and not takes any reference to opposite party No.1 and its address. Therefore, the privy and connection of the opposite party no.1 to the cause of action of the complainant case being not made out the case of the complainant against of the opposite party No.1 is dismissed.
12. Therefore, in the result of the above discussion, the case of the complainant while being dismissed against the opposite party No.1, it is allowed against the opposite party No.2 directing the opposite party No.2 to pay to the complainant the amount of Rs.1,152/- with interest at 12% per annum from 21-01-2005 as cost incurred in getting said drug from the opposite party No.2 and Rs.500/- as cost of this case within a month of the receipt of this order. In default the opposite party No.2 shall be liable to pay the award with 12% per annum interest from the date of said default till realization.
Dictated to the Stenographer, transcribed by her, corrected and pronounced in the Open Forum, on this the 30th day of November, 2005.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties: Nil
List of Exhibits Marked for the complainant:-
Ex.A1 Invoice of WWS Sky Shop Private Limited, Hyderabad No.9888, dated 21-01-2005.
Ex.A2 Office copy of letter dated 03-02-2005 of complainant to
opposite party.
Ex.A3 City courier service receipt dated 03-02-2005 receipt dated
03-02-2005 No.7601728715.
Ex.A4 Courier service acknowledgement No.7601921521.
Ex.A5 Office copy of Legal Notice dated 31-05-2005 addressed to
opposite party.
Ex.A6 Postal receipts dated 01-06-2005 Nos.5681 and 5682.
Ex.A7 Postal acknowledgements.
Ex.A8 D-Care plus, Ayurvedi Power for Diabetes.
List of Exhibits Marked for the opposite parties:- Nil
PRESIDENT
MEMBER MEMBER
Copy to:-
1. Sri.C.Joga Rao, Advocate, Kurnool.
2. The Manager, W.W.S.Sky Shop, UG-5, Rafeai Tower, 5/8-Old Pulsia Road, Indoor-01, Madya Pradesh.
3. The Manager, W.W.S.Sky shop Private Limited, A.R. Plaza, 6-3-850/2, 2nd Floor, Ameer Pet, Hyderabad
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
