DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

Consumer Complaint No.1737 of 2020

                                                Date of institution:  29.10.2020                                              Date of decision   :  16.11.2021

Gurcharan Singh Dang aged about 85 years son of Late Shri Sawrup Singh, resident of # 3532, Sector 69, Mohali.

…….Complainant

Versus

1.     M/s. Telecone Consumer Product Pvt. Ltd. Post Box No.10555, Pitam Pura, Delhi- 110034 India through its Managing Director

2.     Managing Director of M/s. Telecone Consumer Product Pvt. Ltd. Post Box No.10555, Pitam Pura, Delhi- 110034.

                                                      ……..Opposite Parties        

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal,  Member

Present:    Complainant in person.

                OPs ex-parte.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               The present order of ours will dispose off a complaint under the Consumer Protection Act, 2019 filed by the complainant (hereinafter referred to as ‘CC’ for short) against the Opposite Parties (hereinafter referred to as ‘OPs’ for short), on the ground that the CC is a senior citizen and got allured due to false advertisements of the OPs on Airtel Television Channel No.310 for Ayurvedic Medicines proclaiming that chronic constipation and gastric acidity (Flatulence) will be cured forever. It was also proclaimed that the product is highly recommended for old aged people.  It is averred that the CC and his wife after watching the advertisement, found it very appealing since they were facing these problems. The CC contacted the OPs through Mobile No.09312144433 as provided in the TV advertisement. The person on the other side responded and took details from the CC and his wife. That person further assured that the CC will receive ayurvedic medicines which will help to cure the problems of the CC and his wife permanently. The CC accordingly asked the Sales Executive of the OPs to send ayurvedic medicines in small packets for 10-15 days and also disclosed that if it is found suitable, then the CC will order further products, but the Executive on the other side insisted  that the CC buy medicines for 2-3 months on returnable basis. Thereafter the OPs sent the following medicines to the CC:

(a)    3 packs of Divyarishi Taakat Vati

(b)    2 packs of each of Power Prash, Deemark Shilajit  loose and Tiger tilla oil .

                It is further averred that an amount of Rs.4,500/- was charged by the CC for the aforesaid medicines. It is also averred that the CC and his wife started taking the medicines for about 2 weeks and the condition of the wife of the CC worsened  as she started feeling leg and back pain which are still persisting.  The wife of the CC had to take other medicines to get better. The CC also took the medicine for about 5 days and felt rise in body temperature and itchiness on entire body and thereafter the CC discontinued the medicine.  The CC had already told the Sales Executive about his pre-existing disease of diabetes and high blood pressure at the time of placing the orders for the medicines. However, the Sales Executive told that the ayurvedic medicines will have no side effect.  It is further averred that the CC is an old aged person and has suffered harassment beyond reasonableness at the hands of the OPs.  The CC called the OP for the return of medicines and the Sales Executive told him to continue with the medicines, but the effects of medicine were so adverse that it was not possible for the CC and his wife to continue with the medicines in any manner/longer.

                Thus, alleging unfair trade practice and deficiency in service on the part of the OPs, the CC has sought a refund of Rs.4,500/- alongwith interest @ 18% per annum and compensation to the tune of Rs.50,000/- for harassment and mental agony. Further the CC has demanded Rs.10,000/- as litigation expenses. Complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.

2.             The OPs have chosen not to appear and were accordingly proceeded against ex-parte vide order dated 02.11.2021.

3.             The CC in support of his complaint tendered in evidence his affidavit Ex.CW-1/1 and tax invoice Ex.C-1.

4.             We have heard the complainant and have gone through the file.

5.             The point in controversy before us is whether the ayurvedic medicines which were sent by the OPs to the CC were of proper quality and were properly accredited just like other products and whether these were fit for human consumption or not.  It is a primary requirement that an ayurvedic product which is used as a medicine has to be certified and it has to be screened through quality verification standard by Quality Council of India, which is an autonomous body set up by the Govt. and the Indian Industry. It is also to be seen that such products are also of standard quality and comply with international or national guidelines respectively. It is pertinent to mention here that the ayurvedic drugs which are regulated under the Drugs & Cosmetic Act, 1940 by the Drugs Controller General of India to formulate the standard and centralized system across India. The DGI is assisted by statutory bodies like Ayurvedic, Siddha, Unani drugs etc.  Such types of companies are also required to have certification of pharmaceutical products etc.

6.             In the absence of any such proof or document from the side of the OPs and the fact that the OPs have chosen to remain ex-parte, we have no alternative except to believe that the company of the OPs which was selling ayurvedic products was definitely a fake company and had been cheating the innocent customers with the help of TV channels. The complaint of the CC, who is a senior citizen, appears to be cogent, reliable and trustworthy which is duly supported by an affidavit of the complainant who is more than 85 years of age. It is also proved on file that the OPs supplied 3 packs of Divyarishi Taakat Vati and 2 packs of each of Power Prash, Deemark Shilajit loose and Tiger tilla oil on payment of Rs.4,500/- which after consumption rather worsened the  heath of the CC and his wife  and they suffered other complications after consuming the ayurvedic medicine. It is also proved on file that the complainant is extremely an old aged person and had suffered mental as well as physical harassment at the hands of the OPs.  It is also proved on file that the OPs have refused to accept the medicines in return and even did not refund the amount to the CC.

7.             As we have discussed above, the necessary requirement for ayurvedic medicines and necessary certification are missing from the side of the OPs, which shows that medicines of the OPs had no authenticity and are not fit for human consumption. Rather the CC was cheated by the OPs with the help of a TV channel. As such, unfair trade practice and deficiency in service on the part of the OPs is proved.

8.             In view of the above discussion, the present complaint is allowed. The OPs are jointly and severally ordered to refund an amount to the tune of Rs.4,500/- (Rs. Four Thousand Five Hundred only) alongwith interest @ 9% per annum from the date of receipt till actual refund.  The OPs are further jointly and severally ordered to pay a lump sum compensation amount to the tune of Rs.10,000/- (Rs. Ten Thousand only) to the CC towards compensation for harassment, mental agony and costs of litigation.    Compliance of this order be made within a period of 30 days from the date of receipt of free certified copy of this order. Free certified copies of this order be sent to the parties.   File be indexed and consigned to record room.

Announced

November 16, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

                                                       I agree.

(Ms. Gagandeep Gosal)

Member