BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 305 of 2018
Date of Institution : 11.12.2018
Date of Decision : 26.2.2019.
Ravi son of Shri Om Parkash resident of village Saharani, Tehsil & District Sirsa Sirsa.
……Complainant.
Versus.
1. Dehlivery Courier, Near Jaat Dharmshala, Sirsa District Sirsa.
2.Pigi India, 2260A, Sushant Lok 1, Sector 43, Delhi-110058.
3.Perfect body.in,8 ARC House Near Reena Mokal Hospital, Sector 8 Kandivali West, Mumbai, Maharashtra-400067.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL ……MEMBER
MS. SUKHDEEP KAUR……………MEMBER
Present: Complainant in person.
Opposite parties exparte.
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the Ops with the averments that he had purchased a protein product (chocolate flavor) from Op No.2 through Op No.1 after placing an online order No.2018111945610 dated 19.11.2018 and also made the payment to the tune of Rs.3961/- at the spot to Op No.1. He has purchased the product in question through online from Op No.2 for the first time. The product in question was of inferior quality as it was not giving the desired results because he had already used the product in question and he came to know this fact immediately after opening and using the same. The product sold by Op No.2 was fake and also of inferior quality. Due to this, the complainant has suffered mental agony, harassment besides financial loss. Hence, this complaint.
2. Opposite parties No.1 & 2 failed to appear before this Forum and were proceeded against exparte vide order dated 23.01.2019. OP No.3 filed its reply stating therein that neither the complainant has purchased any product from it nor lodged any complaint. Further submitted, that the Op no.3 has not sold the company’s product to M/s Pigi India. Prayer for dismissal of the complaint has been made. During the proceedings of this complaint, the Op No.3 remained absent, therefore, it was proceeded against exparte vide order dated 26.02.2019.
3. The complainant has tendered his affidavit Ex.CW1A, copy of retail invoice Ex.C1 and copies of postal receipts Ex.C2.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. Vide Ex.C1 (invoice), the complainant had purchased Ultimate Nutrition Prostar 100 % Whey Protein from Op No.2. The complainant in support of his pleadings has filed his duly sworn affidavit Ex.CW1/A besides copy of invoice Ex.C1 and postal receipts Ex.2. Though, the Op No.3 has filed its reply but it appears that instead of redressing the grievance of the complainant it has tried to escape from its liability. The pleadings and evidence of the complainant have gone unchallenged and unrebutted as all the opposite parties have failed to appear before this Forum and opted to proceed exparte. So, we have no other option but to rely upon the version of the complainant that the product in question was of inferior quality.
6. In view of the above, we allow the present complaint and direct the opposite parties to refund Rs.3961/- (as mentioned in invoice Ex.C1) to the complainant. We also direct the ops to pay a sum of Rs.1500/- as composite compensation and litigation expenses to the complainant. Compliance of the order be made by the Ops, jointly and severally, within a period of 30 days from the date of receipt of copy of this order, failing which the awarded amount would carry interest @ 7 % per annum from the date of order till actual realization. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. Member Member President,
Dated:26.2.2019. District Consumer Disputes
Redressal Forum, Sirsa.
