BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 94 of 2015
Date of Institution : 11.5.2015
Date of Decision : 30.11.2015
Pawan Kumar son of Sh.Jai Kishan, r/o village Jodhkan, tehsil and district Sirsa.
….Complainant.
Versus
Jevan Ayurved (Jevan Ayurved Sanstha, Uttar Pradesh), D-492 Lajpat Nagar, Sahibad Ghaziabad (U.).)-201005 C.C. No.09266610171, 09266610172.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL ………PRESIDING MEMBER.
SHRI RAJIV MEHTA ……MEMBER.
Present: Complainant in person.
Opposite party already exparte vide order dt.7.10.2015.
ORDER
In brief, complainant Pawan Kumar had purchased Ayurvedic medicines Jevan Ayurved D-492 Lajpat Nagar, Sahibad Ghaziabad (U.P.). He had contacted the opposite party telephonically. Complainant was physically weak. The opposite party advised him to use their product to improve his health and they assured him that his health will be definitely improved. The opposite party had promised him that they would return double amount if he was not gained. The complainant was very much depressed due to his detorious health.
2. The complainant believing upon the Jevan Ayurved Sanstha had purchased four packets of Amo-Gain medicine worth Rs.5,000/-. The company sent him the medicine by Post. After using the medicine for one month, the complainant contacted the Jevan Ayurved Sanstha that he did not get any gain from the medicines. Then the Jevan Ayurved Sanstha suggested him to purchase the changed medicine and assured him to get definite improvement. They advised him to purchase Amo-Vita with the cost of Rs.2500/- and he paid the amount and received the medicine by Post. But, he did not feel any improvement. Again, OP suggested him to purchase low power medicine of Rs.940/- and Protein of Rs.1050/- by Post and he paid the amount to the Postman and get the medicine. But, he did not get any relief from this medicine also. Finally, the Jevan Ayurved Sanstha sent him medicine in the shape of Powder for Rs.3780/- and assured him that if he failed to get any improvement then they will deposit double amount in his bank account also. He stated that the Jevan Ayurved Sanstha cheated him due to his illiteracy and ignorance. Hence, this complaint.
3. Opposite party has been duly proceeded exparte vide order of this Forum dated 7.10.2015.
4. In exparte evidence, the complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2 and Ex.C3-postal receipts and Ex.C4-empty parcel bag.
5. We have heard the complainant in person and have gone through the record carefully.
6. The complainant had purchased lot of medicines from opposite party through Post by contacting Opposite party telephonically. The complainant had purchased medicines for total sum of Rs.13270/- The complainant Pawan Kumar was going on physically weak. The opposite party assured him to use their medicines to improve his health and promised that if they failed to improve his health, they would return the double amount to the complainant. The complainant was depressed about his health.
7. On notice, representative of opposite party appeared only on one date 26.6.2015 when they were asked to file their written version, but they failed to appear before the Forum on the next date of hearing. As such, no version on behalf of the Ops has been filed in this case. In these circumstances, it can be said that Opposite party has nothing to deny the claim of the complainant. We have no reason to disbelieve the unrebutted evidence of the complainant. In our view, Ops have adopted an unfair trade practice to sell their medicines to the innocent consumers. They adopted unfair trade practice for the purpose of promoting the sale, and falsely represents that the medicines are of a particular standard, quality, quantity, grade composition, style, whereas the truth is otherwise as happened with the complainant in this case. Accordingly, we held the Ops guilty under Section 2(r) of Consumer Protection Act 1986 as amended upto date for adopting unfair trade practice for sale of their medicines.
8. Now, coming to the quantum of compensation, we are of the considered view that end of justice would be met if the complainant is awarded a lump sum compensation of Rs.15000/-. Accordingly, Ops are directed to pay sum of Rs.15000/- to the complainant within one month from today, failing which complainant will be entitled for the relief of interest @ 9% per annum on the awarded amount from the date of filing the present complaint i.e. 11.5.2015 till realization. No further order as to cost. Compliance of this order be made within a period of one month. A copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated: 30.11.2015. Member. District Consumer Disputes
Redressal Forum, Sirsa.
Pawan Vs. Jevan Ayurved
Present: Complainant in person.
Opposite party already exparte vide order dt.7.10.2015.
Arguments heard. For order to come up on 15.9.2015.
Presiding Member,
Member D.C.D.R.F,Sirsa.
10.9.2015
Present: Sh.R.S.Bhakar, Advocate for the complainant.
Sh.Rakesh Bajaj, Advocate for the opposite party.
Order announced. Vide separate order of even date, complaint has been allowed. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:15.9.2015. Member. District Consumer Disputes
Redressal Forum, Sirsa.
