Sri Jagadish Chandra Barman, Member
The facts leading to the filing of the instant case by the complainant may be epitomised as follows:-
Being aggrieved upon the O. Ps., the Complainant [ Dinesh Chandra Rawat] filed this instant case being no-21 of 2022 before this Ld. Commission on 27/01/2022 for proper adjudication and reliefs. As per complaint petition, the complainant was then and still now a diabetic patient and after finding out an online advertisement as to the treatment of diabetic disease, the complainant contacted with the personnel of the Breath Well Being Aurogreen Health Private Ltd. The personnel told him that Diabetic disease could be recovered fully and for that purpose a contract for one year should be signed with the Breath Well Being Aurogreen Health Private Ltd. by making payment Rs. 9,000=00 only . Thereafter, the O. Ps. sent him [complainant] a payment link by Whatsapp vide invoice id INVt313n6o5sOz201014. Accordingly, the Complainant paid Rs. 9,000.00 only on 14.01.2021 vide no BIL/ONL/000020923862/PAYUMONEY/INVOICING CHGSICICI BANK.
The petitioner was also persuaded by the coordinator that the program then was very simple to follow and for that purpose the complainant was advised to download their mobile APP. It was downloaded by the petitioner and mobile App of the program was found clumsy. It was required to fill up as to the food, beverages, the complainant used to take regularly; exercise and walking that the complainant had been followed then.
On 16th Jan. 2022, the petitioner informed to Mrs. Shibani Karma that he [Complainant] was not satisfied with the programme and requested to refund the paid amount Rs. 9,000.00 only to the complainant. Then Mr. Rshab asuured the petitioner over telephone that the O. Ps. would refund the paid amount.
On 19th April 2022 the O. Ps. requested to send bank details of the Complainant. Accordingly, Bank details were sent by your petitioner. On 22nd April 2022, Mr. Vaibhab informed your petitioner that he [complainant] would not get back his paid amount Rs. 9,000.00 only as per the policy of the Breath Well Being Aurogreen Health Private Ltd. Thereafter, the O. Ps. removed the name of your petitioner from the Whatsapp group to stop communication.
Later, Mr. Vaibhab again assured your petitioner that O. Ps. would refund his paid amount of Rs. 9000.00 only. On 28th April 2022, the O. Ps. informed your petitioner that many of them were suffering from Covid 19 and due to that payment was delaying. Just after one month, the petitioner checked with the Vaibhab App and he could not find any payment in favour of the petitioner. On 16th June 2022, Mr. Vaibhab informed that your petitioner could not get back his paid amount Rs. 9000.00 only.
Thereafter, the complainant sent a Notice to the O. Ps. to refund his paid amount of Rs. 9000.00 with compensation amount Rs. 1, 25,000.00 only for harassment. The O. Ps. did not reply and pay back the money in question. Then the complainant sent his grievance to the NCH on 24.6.2021 vide grievance no- 2801109. But the O. Ps. did not pay any heed to the mental agony, harassment of the complainant. The NCH then sent a reminder on 5th July 2021 and 2nd reminder later to the O. Ps. but no reply was given by the O. Ps. The NCH issued an advice to lodge complaint on 12th July 2021 before the District Consumer Redressal Commission. The petitioner also did several communications with the O. Ps. but all communications were in vain.
Finding no other alternative, the complainant has filed this instant case before this District Consumer Disputes Redressal Commission, 24 Parganas South, Baruipur , Kolkata -700144 for proper adjudication and has sought for the following reliefs :-
1. To issue an order upon all the O. Ps. to refund paid amount Rs. 9000/- only to the complainant .
2. To issue an order upon the O. Ps. to pay compensation amount Rs. 1, 25,000=00 only for unfair trade practice and deficiency of service.
3. To issue an order upon the O. Ps. to pay a litigation cost.
4. To issue an order upon the O. Ps. as the Ld. Commission may deem fit and proper.
After receiving the complaint petition, this Ld. Commission sent show cause notices to the O.Ps. and all the O. Ps. received the notices on 28/2/2022. But by filing Vokalatnama on 26th March 2022, the Ld. Advocates on behalf of the O. Ps. did not file their written version within the statutory period of 45 days. Hence, this instant case being no- CC/21/2022 was declared ‘Ex-parte’ on 30th May 2022.
Therefore, the content and averments of the O. Ps. are not known to us. As a result this instant case is remained unchallenged.
Upon the averments of the complaint petition, evidence on Affidavit, BNA etc. of the petitioner, the following points are formulated:-
POINTS FOR DETERMINATION
1]. Is the complainant ‘Consumer’?
2] Are the O. Ps. guilty of deficiency in services and unfair trade practice as alleged by the complainant?
3] Is the complainant entitled to get relief /reliefs as prayed for?
EVIDENCES/BNA OF THE COMPLAINANT
The complainant filed his ‘Evidence on Affidavit’ on 2nd August 2022 and BNA on 13th December 2022.
DECISIONS WITH REASONS.
The complainant was then a diabetic patient and after finding out an online advertisement as to the treatment of diabetic disease, the complainant contacted with the personnel of the Breath Well Being Aurogreen Health Private Ltd. The personnel told him that Diabetic disease of any person could be recovered fully and for that purpose a contract for one year should be signed with the Breath Well Being Aurogreen Health Private Ltd. by making payment Rs. 9,000=00 only . Thereafter, the O. Ps. sent him [complainant] a payment link by Whatsapp vide invoice id INVt313n6o5sOz201014. Accordingly, the Complainant paid Rs. 9,000.00 only on 14.01.2021 through ICICI Bank.
Therefore, there is no doubt that the complainant is a ‘Consumer’ under definition of Section 2 (7) of the Consumer Protection Act 2019 and the O. Ps. are service provider. Hence, point no. 1 is decided in favour of the Complainant but against the O. Ps.
In relation to point for determination no. 2 ‘’Are the O. Ps. guilty of deficiency in services and unfair trade practice as alleged by the complainant?”,- it is very much worthy to mention that the petitioner paid Rs. 9000=00 only to the Opposite Parties to get relief from the Diabetic Disease as per online advertisement. Thereafter he [complainant] communicated with many personnel like Dr.Shivani Karma [ program coordinator], Mr. Vaibhab Anand, Mr. Rishab , Aditya Kaicker-Director, Rohan Verma-Director of the Breath Well Being Aurogreen Health Private Ltd. and so on. But he could not get any relief from his Diabetic Disease. It was also requested by the petitioner to the O. Ps. that he [complainant] was not satisfied with clumsy App. Yet the O. Ps. did not try to make comprehensive their one year plan due to the negligent and unfair attitude. Consequently, deficiency of services and unfair trade practices both have been occurred on behalf of the O. Ps.
Hence, point no. 2 is decided in favour of the Complainant, but against the O. Ps.
In relation to point no. 3, “ Is the complainant entitled to get relief /reliefs as prayed for ‘’- it is pertinent to mention that the complainant had communicated several times through electronic platform with the O.Ps. for getting services. But O. Ps. were not interested to pay any heed upon the required service, pain, mental agony and harassment of the Complainant. All the O. Ps. were very much eager to collect money. They also followed the technique to pass time without taking proper steps to refund the paid amount of Rs. 9000.00. Although the petitioner sent a notice claiming refund of his paid amount, O. Ps. did not response. The Complainant also filed his grievances to the NCH on 24.6.2021. NCH had also taken many steps to recover the paid amount of the complainant; but all steps followed by NCH and the complainant were failed.
The O. Ps. did not refund the paid amount of Rs. 9000.00 only. So the complainant is entitled to get reliefs as he has prayed for.
So point no 3 is also decided in favour of the Complainant and against the O. Ps.
Consequently, the complaint case succeeds.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed ‘Ex-parte’ against the Opposite Parties with a litigation cost of Rs. 10,000=00 (Rupees Ten thousand) only.
The Opposite Parties are directed to refund to the complainant the paid amount of Rs. 9000.00 [Rs. Nine thousand] jointly or severally within 45 days from the date of issuing this Order with 10% p. a. simple interest till realisation from the date of payment i. e. 14.01.2021 .
The Opposite Parties are directed to pay jointly or severally Rs. 20,000.00 [Rs. Twenty thousand] only as compensation amount to the complainant within 45 days from the date of issuing this order for their deficiency in service and unfair trade practice as well as for mental agony, pain and harassment already suffered.
Amount of Litigation Cost and Compensation amount should be paid within 45 days from the date of issuing this Order. Otherwise, 10% p. a. simple interest upon compensation amount and litigation Cost shall be borne by the O. Ps. jointly or severally till realization.
The Complainant is at liberty to submit an Execution Case against the O. Ps. before this Ld. Commission for non-compliance of the Order after the expiry of 45 days from the date.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Prepared and Corrected by me.
( Jagadish Chandra Barman)
(MEMBER)
