Delhi

North

CC/105/2021

YASHVARDHAN CHHABRA - Complainant(s)

Versus

HINDUSTAN WELLNESS - Opp.Party(s)

30 Jul 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No:105/2021

IN THE MATTER OF:

 

Sh. Yashvardhan Chhabra

3B/45, Mall Road,

New Delhi-110054.                                                 …                 Complainant

Vs

Hindustan Wellness

Plot No.107, Sector-44,

Gurugram-122003                                                   …                 Opposite Party

ORDER

30/07/2024

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that:-

1. complainant had booked a slot of home collection of samples  for the test of RT-PCR for 4 persons from OP on 15.04.2021 and the schedule date for taking the sample was on 17.04.2021. The complainant has paid Rs.4,800/- against Order ID No. 1812353945 to the OP on 17.04.2021.
2. Complainant got message from OP that the sample will be taken on 17.04.2021 and  will be processed within 24 hours from the time of collection of the sample. The samples of all 4 person were taken by OP on 17.04.2021 but the samples were not processed within 24 hours from the time of collecting the samples, which is shown in the test report. Complainant got the test report on 20.04.2021 and the report concluded the test as “INCONCLUSIVE” i.e. neither positive nor negative. Also, the test report of one person i.e., Mr. Suraj was missing, which showed the irresponsible & unprofessional behaviour of OP.
3. Complainant contacted OP via email and explained the whole issue to OP who agreed to refund the amount of Rs.4,800/- to Complainant but after several requests; OP had not refunded the amount to Complainant which again proved the illegal intention of OP. The Complainant again and again contacted the OP by way of telephonic conversation and by way of electronic mail conversation in order to solve the said issue, however, the executive of the OP has acted like flogging of a dead horse in lieu of providing the proper services to the Complainant.

 

2.       It has been alleged that this dispute clearly indicates that there was negligence on the OP and the said OP is running an unfair trade practice in order to dupe the hard eared money of the Complainant wherein OP has intentionally provided the de novo dreadful and deceitful service to the Complainant and has not provided the proper services which has caused unnecessary agony and stress despite the Complainant has paid full amount to the OP. Therefore, the complaint has been filed praying for directions to the OP to:-

1. Refund of Rs.4,800/- (Rupees Four Thousand Eight Hundred Only)
2. Pay Rs.50,000/- as a compensation to the Complainant for the deficiency in service and mental harassment and agony.
3. pay the costs of litigation.
4. Such other/further order/orders as may deem fit and proper in the interest of justice, equity and good conscience.

3.       The Complainant has also filed copies of legal notice dated 22.05.2021 sent to the OP, booking confirmation emails, test reports and communications/emails exchanged between the parties.

4.       Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did send any communication despite service of the notice. Since the OP has chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted.

5.       The complainant has filed evidence by way of Affidavit. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OP has chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OP. However, the material available on the record is sufficient to corroborate that the complainant has suffered directly due to deficient service on the part of the OP  in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Therefore, we feel appropriate to direct the OP to pay the Complainant:-

1. a sum of Rs.4,800/- (Rupees Four Thousand Eight Hundred Only) within thirty (30) days from the date of receipt of this order, with interest at the rate of 9% p.a. from 22.07.2021 (the date of filing the complaint) till the date of the payment to the complainant;
2. Rs.5,000/- (Rupees Five Thousand only) to the complainant as compensation for the mental  pain, agony and harassment caused.

6.       It is clarified that the aforesaid amount shall be paid by the OP within 30 days as directed above at para 5 (i) & (ii). In case, the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum on the entire awarded amount from the date of expiry of 30 days period.

8.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                                       HARPREET KAUR CHARYA

             Member                                                                                               Member      

      DCDRC-1 (North)                                                                            DCDRC-1 (North)

                     DIVYA JYOTI JAIPURIAR

                          President 

         DCDRC-1 (North)