ORDER

Per Sh. Rakesh Kapoor, President

The complainant was to be operated upon and was advised to regularly test this sugar level. It is alleged by him that he has purchased 50 accusure strips from M/s Aggarwal Surgical near Raj Dharam Kanta for a sum of Rs. 600/- only vide cash memo dated 3.2.2012. It is also alleged that the complainant had purchased an Accusure sugar testing meter from M/s Post Babra , Rohtak for a sum of Rs. 200/- on 31.1.2012. Both the aforesaid products are allegedly manufactured by the OP. It is alleged by the complainant that the results of sugar level on the use of the aforesaid products were found to be incorrect. He had taken up the matter with the customer care service of the OP but was rebuffed. Hence, the complaint.

          The OP has contested the complaint and has filed a written statement. 

          Para 2 ,4 & 5  of the preliminary objections of written statement is relevant for the purpose of decision of this complaint and are being reproduced as under:-

2. That in short the allegation is that the machine supplied by the opposite party was defective which resulted in the wrong reading Blood sugar and the complainant has not filed any report to show that there were any variance between the Blood Sugar as per the meter and on cross checking that the same was found on higher side it would require expert evidence to go into the technical nature of Gluco Meter and without that it could not be said that there is any defect in the meter.

4. That even the meter was not supplied by the Opposite party but was supplied by sum “ Vaishya Dharmarth Homeopathic Clinic” who is neither a stockiest nor the distributor and not having the Drug Licence and they are not registered under the Sales Tax/ VAT and meter purchased by the complainant is a defective old meter because the complainant purchased a meter only for Rs 200/- but the actual cost of the meter sold by the Opposite party is Rs 1950/-.

5. That the complaint is bad for the non-joinder of the necessary parties as Vaishya Dharmarth Homeopathic Clinic has not been made a party to the present proceedings.

          The OP has contested the complaint on merits. It has reiterated that M/s Aggarwal surgicals is not an authorized distributor of the OP and has denied that the sugar level report on use of the accusure strips were found to be incorrect. Para 2 of the reply on merits  of the written statement reads as under:-

  2.That the contents of Para 2 are totally wrong, incorrect and hence denied. It is specifically denied that sugar level from these Accusure Strips were found wrong and when for cross checking simultaneously checked elsewhere were found at bigger and substantive variation from actual blood sugar level. The complainant has not filed any result to prove the same. Even otherwise an expert has to examine to ascertain whether the Gluco Meter is the same which is being imported by the opposite party and also to ascertain what is the difference between the sugar level given by the meter and the blood sugar examined from any other source..

          The OP has prayed  that the complaint be dismissed.

          We have heard arguments and have perused the record.

                   The complainant has filed his own affidavit in support of his complaint and has not placed on record evidence showing that the results obtained on the use of the products manufactured by the OP were incorrect.  We, therefore, have only a bald statement of the complainant alleging that the products purchased by him were defective in nature. It was imperative on the part of the complainant to have produce evidence which would have shown that either the strips or the glucometer was defective.  In the absence of such an evidence, we cannot hold that the strips purchased by the complainant or the glucometer had any manufacturing defect.

                   The complainant had purchased the strips from M/s Aggarwal Surgicals who is admittedly not an authorized distributor of the OP. The complainant ought to have impleaded M/s Aggarwal Surgicals as a party which would have shown as to how the strips have been sold to the complainant on authority or otherwise. It is not known as to whether the strips had outlived their life or were within the shelf life. Likewise, the complainant has not impleaded M/s Vaishya Dharmarth Vaishnaylaya as a party to this complaint.  M/s Vaish Dharmarth Homeopathic Aushadhalya was not authorize to sell away the glucometer manufactured by the OP. It is not known as to how it had sold away the machine to the complainant as a price of Rs 200 when it is priced at Rs 1200/- in the open market. We had asked the complainant to implead M/s Aggarwal Surgicals and M/s Vaishya  Dharmarth Homeopathic Aushadhalaya as parties to the complaint so that we may have the benefit of their version as to how they came to sell away these products while not being authorized to do so and as to whether these products had outlived their life or not? The complainant refused to implead them as parties and instead wanted the decision on the complaint immediately without any further delay.

          In these circumstances we feel handicapped and unable to hold any deficiency on the part of the OP. Consequently, we dismiss the present complaint.

Copy of the order be made available to parties free of cost as per law.

          File be consigned to R/R.

        Announced in open sitting of the Forum on_____________