Date of filing:-06/08/2020 Date of Order/Judgement:-16/01/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 60 OF 2020
Bismaya Hota, Son of Sri Akula Hota, aged about 30 years, Occupation. Service, R/o. Shriharinagar (Turunga), Po. Deogaon, Ps/Dist. Bargarh.
Complainant.
-: V e r s u s :-
Care@1mg.com CIN. U74140DL2015PTC279229, Postal Address. 1Mg Registered Address Level 3, Vasant Square Mall, Pocket V, Sector B, lVasant Kunj, New Delhi 110070, Corporate Address. Ist Floor, Motorola Building, MG Road, Sector 14, Gurugram, Haryana 122001.
Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Self
For the Opposite Party :- :- Sri A.K. Joshi, Advocate with Associates. -: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.16/01/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwar, Member (w):-
- The case of the Complainant is that the Complainant Ordered an Online order No. PO19920391487107 on Dt. 18/07/2020 at 4.22 PM to the Opposite Party requesting him to supply.
- Cherri Syrup :- 1 Bottle.
- Gliptagreat 50 tablet :- 2 Strips
- Glycomet-GP. 1 forte tablet SR :- 3 Strips.
- Razel EZ;- 10 tablet;- 3 Strips.
- Trivaglitor:- 1 tablet SR :- 3 Strips.
The Complainant has paid Rs. 1031.81/-(Rupees one thousand thirty one and eighty one paise) only on BHIM UPI (9937789615@upi). The father of the Complainant is Sugar patient and was badly in need of these medicines and hence the petitioner Ordered it Online. On Dt. 07/08/2020 the Opposite Party sent a mail message that the Order for medicine has cancelled on the ground No Service Zone Whereas the Opposite party has delivered the Complainant Medicine on his address twice on Dt 17/07/2019 and 14/06/2020. The Opposite Party has returned back the principal amount money of Rs. 1006.31/-(Rupees one thousand six and thirty one paise) only on Dt. 08/08/2020 into the Complainant SBI Account bearing A/c No. 30771047947. As the Opposite Party has seriously neglected, ignored and did not supply medicine in urgent need of the father of the Complainant, being aggrieved this Complaint petition was filed by the Complainant before this Commission.
- The Opposite party appeared and contested the case and filed his written version. The Case of the Opposite party is that the Opposite Party is Indias Leading Digital Healthcare Platform and provides ranging from doctor consultations on chat to online pharmacy and lab tests at home. All allegations of the Complainant are false, Frivolous and denied. The Opposite Party operates as an online market place for facilitation of delivery of pharmaceutical products by multiple identified pharmacies ( hereinafter reffered to as Third party pharmacies) on PAN INDIA basis on their website. For this purpose the Opposite Party enters into an facilitation Agreement with the third party pharmacies on the Opposite parties Website. The contract of sale is in between the customer and the third party pharmacy. The failure of delivery of the pharmaceutical products to the Complainant was due to lapse on the part of Delhivery private limited being the user agent tasked with the delivery of medicines to the Complainant. It is also stated by the Opposite party if all any claim is subsisting that is against the user agent but not against him and he has been wrongly dragged into the case. The Complainant is to be dismissed on account of nonjoinder of necessary party. The Opposite Party has further given the facts of the case in chronological order where the Opposite party has submitted that various mails were exchanged between the Complainant and the Opposite Party about the delay in delivery which was delay addressed by the Opposite Party and the fact of forwarding of Complainant to the delivery service provider was also intimated to the Complainant (Annxure OP 3). In Annexure OP 5), it was further submitted that due to Covid 19 restrictions in the local area of the Complainant the package was unable to be delivered at the doorstep and hence, the Complainant was requested to self collect the same and if no collected within 24 hours, the order would stand cancelled. The Complainant refused to collect and neither picked up from the Branch of the delivery service provider nor contacted the Opposite party. Hence on Dt. 07/08/2020, the Order was cancelled and on Dt. 08/08/2020, the refund was processed in the Complainant account (Annexure OP 6) Further, it is stated by the Opposite Party that they have not committed any deficiency in services and as the courier service provider is not impleaded, the Complaint is liable to be dismissed for nonjoinder of parties.
- Perused the documents filed by the Complainant and the following issues are framed:-
ISSUES:-
- Whether the Complainant is a Consumer under the Consumer Protection Act ?
- Whether the Complainant is entitled to get benefits as made in his Complaint petition ?
Issue No.1.
The Complainant has online paid principal money of Rs. 1031.81/-(Rupees one thousand thirty one and eighty one paise) only to the Opposite Party. Hence, the Complainant is a Consumer of the Opposite Party.
Issue No.2.
Perused the Complaint petition, documents and written version filed by the Opposite Party. The Opposite Party operates as a market place and he being only the intermediary is not responsible for any delayed, non performance or breach of the contract between the customer and the third party pharmacies for purchase and sale of goods. The Opposite party being an ecommerce entity has acted as per the instruction of the customer.
In this case the user agent i.e. Delhivery Private limited was tasked to deliver medicines to the Complainant. The Opposite Party has no role to play in this transaction besides supply of medicine to the Complainant. The Delhivery Private limited has not been impleaded as a party in the present case. The Case is bad for non joinder of proper parties.
Further, as per available mail communications between the Opposite Party and the Complainant it reveals that the Opposite Party has regularly corresponded with the Complainant through mail and for delay in the delivery of the ordered medicines and also assigned reason for cancellation of the order and after cancellation the Opposite Party has refunded the amount paid by the Complainant and the same has been admitted by the Complainant in his Complaint petition under the above said circumstances due to non joinder of necessary party, the Opposite party is not deficient in its service as the Opposite Party has successfully dispatched the medicines.
The Complainant is not entitle to any reliefs sought against the Opposite Party.
Accordingly it is ordered.
O R D E R
The Complaint petition is dismissed on contest.
The Complainant is not entitled for relief.
Order pronounced in the open court on 16th day of January 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal) Mishra)
Dt.16/01/2023 Dt.16/01/2023
P r e s i d e n t. M e m b e r (w)
UPLOADED BY
(SRI DUSMANTA PADHAN)
OFFICE ASSISTANT.
