PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-43/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Rahul Kumar Agrawal,

S/O-Rajesh Kumar Agrawal,

At-Chiristianpada, PO/PS-Hirakud,

Dist- Sambalpur-768016, Odisha

Mob-9090500510                                                                 ……….......Complainant.

Vrs.

ASPIA PARENTTERAL PVT. LTD.

(Through its Managing Director)

NO.D202, Sri. Sai Apartment, Faizabad Road, Near Zaayka Restaurant,

Kucknow-2206028, U.P.

Mail ID-

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Ex-parte

Date of Filing:09.02.2024,  Date of Hearing :22.04.2024  Date of Judgement : 27.05.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant ordered for supply of medical equipment in the month of October, 2022 & accordingly paid the full purchase price of Rs. 10,00,000/- by Way of NEFT to the bank account of the OP in the month of October, 2022. A letter of acknowledgement dt. 20.12.2022 on the letter head of the OP duly signed by the authorised signatory, confirming receipt of Rs. 10,00,000/- was sent by the OP to the Complainant vis e-mail with a promise to deliver the ordered item at the earliest. However, more than 15 months have passed since placing the order & advance payment to the OP, the OP neither delivered the item ordered nor refunded the advance payment received by it from the Complainant. The Complainant tried to approach the OP multiple times through telephonic calls but all these calls went un-answered. The OP kept on making unfruitful    & fake promises to deliver the product or refund the advance amount received by it, which never materialized and sought dates after dates to refund the advance amount paid by the Complainant to the OP. In this way the OP intentionally kept on lingering the matter with a malafide intent & harassing & cheating the Complainant petitioner, for which no other way the Complainant filling the case before this Commission for re-dressal. 
2. The OP is set-exparte.
3. From the records and evidences, it is observed that the Complainant ordered for supply of medical equipment in the month of October, 2022 & accordingly paid the full consideration of Rs. 10,00,000/- by Way of NEFT to the bank account of the OP.  Hence deficiency in service found against the OP but more than 15 months have passed since placing the order & advance payment to the OP, the OP has neither delivered the item ordered nor refunded the advance payment received by it from the Complainant which amounts to deficiency in service and unfair trade paractice on the part of the OP. Accordingly it is ordered.

ORDER

The case is disposed of on merit. The O.P is directed to pay the Complainant Rs. 10,00,000/- towards the cost of the medical equipment which is paid by the Complainant at the time of order of the equipment with 6% interest from the date of 19^th October, 2022 till realisation, Rs. 1,00,000/- towards compensation and Rs. 10,000/- towards litigation fees within 30 days from the date of receipt of the order, failing which the amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 27^th day of May, 2024.

Free copies of this order to the parties are supplied.