Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 618.
Instituted on : 21.12.2018.
Decided on : 15.04.2019.
Umesh Saini son of Sh. Kartar Singh, age 23 years, R/o H.No. 728, Ward No. 2, Garhi Mohalla, Rohtak.
………..Complainant.
Vs.
M/s Herbal Ayurveda, Dev Bazar, 1st Floor, Kashipur, U.S. Nagar, Uttrakhand, through its Proprietor.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
DR. RENU CHAUDHARY, MEMBER.
Present: Complainant in person.
Opposite party already exparte v.o.d. 19.03.2019.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the officials of respondent contacted the complainant on his mobile and narrated him about the background of their company/firm and have told that they are providing good ayurvedic medicines and after consumption of same his weight will be increased guaranteedly. The respondent has also told that they will provide guarantee card with their medicines. After that complainant ordered the respondent for said medicine and respondent has sent the same through V.P.P. and complainant has make the payment of Rs.1575/- in the month of November, 2018. It is alleged that after consumption of said medicines the complainant suffered from some reaction and pimples arise on his face. The complainant informed the official of respondent in this regard. Then the respondent asked the complainant to return the said medicine and to purchase another medicine for Rs. 3150/- and assured that this medicine will surely give him benefit in increasing the weight. The respondent has also told that the amount of Rs.1575/- will be later on refunded to him. The complainant again ordered the medicines and make the payment of Rs.3150/- on 25.11.2018, but after consumption of same, the complainant did not get any benefit. That the act of opposite party is illegal and there is deficiency in service on the part of opposite party. As such, it is prayed that opposite party may kindly be directed to pay Rs.4,725/- towards the cost of said medicines alongwith interest @ 18% per annum from the date of purchase of the same till the date of actual realization and Rs.50,000/- as compensation and Rs. 5,000/- as litigation expenses as explained in relief clause.
2. After registration of complaint, notice was issued to opposite party through registered post but the same did not receive back either served or unserved. Hence, opposite party was proceeded against exparte vide order dated 19.03.2019 of this Forum.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 27.03.2019.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. As per complaint and affidavit filed by the complainant, complainant had purchased the medicines for Rs.1575/- from the opposite party for increase of his weight. The same were sent to the complainant through VPP which is proved from Ex.C4. As per guarantee card Ex.C2 there is full assurance of benefit of medicine within 120 days and as per advertisement Ex.C3, so many benefits of the alleged medicines have been shown. The contention of the complainant is that after consumption of the said medicines, he suffered from some reaction and he contacted the opposite party. The opposite party asked the complainant to return the medicines and to purchase another medicine of Rs.3150/- which were also purchased by the complainant, but after consumption of the medicines, he could not get any relief. On the other hand opposite party did not appear despite service and as such it is presumed that opposite party has nothing to say in the matter and all the allegations leveled by the complainant against the opposite party regarding not getting any benefits of medicines to the complainant stands proved and it also proves unfair trade practice as well as deficiency in service on the part of opposite party for giving misleading advertisement. Hence opposite party is liable to refund the price of medicines alongwith compensation to the complainant.
6. In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party to refund the amount of Rs.4725/-(Rupees four thousand seven hundred and twenty five only) alongwith interest @9% p.a. from the date of filing the present complaint i.e. 21.12.2018 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.04.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Renu Chaudhary, Member.
