IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/134/2017.
Date of Filing: Date of Admission: Date of Disposal:
17.08.17 29.08.17 28.01.2020
Complainant: SukantaGhosh
C/o SubrataGhosh
Vill- ChotoSatui
PO- Satui
PS-Berhampore
Dist- Murshidabad
Pin-742405
-Vs-
Opposite Party: Manager, Teleone Consumers Product Pvt. Ltd.
Post Box No:- 10555 pitampura,
Delhi-110034, India
Agent/Advocate for the Complainant :In Person.
Agent/Advocate for the Opposite Party :None.
Present: Sri AsishKumarSenapati………………….......President.
Smt. AlokaBandyopadhyay……………………..Member.
Sri. Subir Sinha Ray……………………………………Member.
FINAL ORDER
AlokaBandyopadhyay, Member.
OneSukantaGhosh (here in after referred to as the Complainant) filed the caseagainst Manager, Teleone Consumers Produce Pvt. Ltd.(here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant had seen an advertisement in the T.V. regarding the medicine of diabetics. On contacting with the advertiser through their phone no the Complainant came to know that the medicine namely IME-9 is totally Ayurvedic medicine and its use will cure the diabetics and it is the guaranteed medicine for cure of the disease like diabetics. The Complainant was impressed by their way of talking and purchased the medicine and used it for 3 months but there was no change in the sugar level in blood of the Complainant. So the Complainant started to administer Allopathic Medicines to control sugar level. For this reason the Complainant filed the instant case before this Forum claiming Rs.3,000/- as the cost of the medicine and Rs.10,000/- for compensation.
The OP after service of notice did not turn up. So, the case proceeded ex-parte against the OP.
On the basis of the above version the following points are framed for proper adjudication of the case :
Points for consideration
- Is the Complainanta consumer under the provision of the CP Act, 1986?
- . Is the Complainant entitled to get any relief, as prayed for?
Decision with Reason
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as he hired services of the OP for consideration.
On going through the complaint and other materials on record and on a careful consideration over the submission of the complainant, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
Undoubtedly, the Complainant purchased the medicine namely IME 9 MG from the Teleone Consumers Product Pvt. Ltd (OP) on paying Rs.3,000/- and the OP issued due receipt for the same ( vide annexure-1).The O.P assured him that on use of this ayurvedic medicine he will be totally cured from his disease of diabetics.The complainant purchased medicine on 26.09.16 on payment of Rs.3,000/- to the O.P. As per the documents filled by the complainantthe blood sugar (PP) of the complainant was 165 mg/dl on 25.11.16 and 183 mg/dl on 18.12.16 1nd on 16.01.17 it was 207 mg/dl as per report of Prayas Medical Centre(vide annextures 2,3,4). . It is the case of the complainant that his blood sugar level was increased after consumption of IME-9.Considering these documents we observed that it is a fact that sugar level in the blood of the Complainant has not reduced or controlled rather it increased. The OP did not turn up after due service of notice to controvert the plea of the Complainant for the reason best known to him. So, we have no other alternative but to accept the plea of the Complainant.
.Considering the facts and circumstances of the case and documents filed before us, we are of the opinion that there is deficiency in service on the part of the OP as by using the medicine no improvement is observed by the Complainant in his blood suger level though assurance was provided by the O.P and selling of such type of product on false representation amounts to unfair trade practice as per sec 2(r) of the Consumer Protection Act, 1986.
So in our considered view the OP may be directed to pay the cost price of the medicine i.e. Rs.3,000/- along with litigation cost of Rs.2,000/- and compensation of Rs.5,000/- for mental pain and agony to the complainant. The OP may be directed to pay Rs. 50,000/ for unfair trade practice to theState Consumer Welfare Fund..
Reasons for delay
The Case was filed on 17.08.17 and admitted on 29.08.17 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order.
Fees paid are correct.
In the result, the Complainant Case succeeds.
Hence, it is
ORDERED
that the Consumer Complainant Case No. CC/134/2017 be and the same is hereby allowed ex-parte against the OP with a cost of Rs.2,000/-.
The OP is directed to pay the cost price of the medicine i.e. Rs.3,000/- along with litigation cost of Rs.2,000/- and compensation of Rs.5,000/- for mental pain and agony to the complainant by sixty days from the date of this order.
The OP is also directed to payRs. 50,000/- for unfair trade practice by sixty days from the date of this order and the said amount is to be credited in the State Consumer Welfare Fund.
All the aforesaid order must be complied within 60 days from the date of this order, falling which the total amount shall carry interest @ 9% P.A. till the date of realization.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member Member President.
