Order dictated by:
Sh.S.S.Panesar,President.
- Puran Singh complainant has filed the present complaint under section 12 & 13 of the Consumer Protection Act on the allegations that complainant purchased D.S. Relax Oil from opposite party vide bill No. 141 dated 11.7.2016 for Rs. 3600/- for the relief of pains in the leg as the opposite party has published the same in the newspaper and also assured that the pains in the legs will be quite OK within a period of 15 days. When the oil has been used it created too much problems and also created pains to the legs of the complainant . The complainant has brought this fact to the notice of the opposite party, who assured the complainant that they will return the amount of unused balance oil. When the complainant approached the shop/office of the opposite party on 22.7.2016 and then on 27.7.2016 but they avoid the matter on one pretext or the other and harassed the complainant without any reason. The complainant has sought for the following reliefs vide instant complaint:-
- Opposite party be directed to refund the cost of oil amounting to Rs.3600/- alongwith interest @ 24% p.a..
- Compensation to the tune of Rs. 10000/- may also be awarded to the complainant alongwith litigation expenses.
Hence, this complaint.
2. Opposite party did not opt to put in appearance despite service of notice, as such it was ordered to be proceeded against ex-parte.
3. In his bid to prove the case, complainant tendered into ex-parte evidence his duly sworn affidavit Ex.C-1, copy of retail invoice dated 11.7.2016 Ex.C-2, copy of payment receipt dated 11.7.2016 Ex.C-3, newspaper cutting dated 10.7.2016 Ex.C-4 and closed his evidence.
4. We have heard the complainant and have carefully gone through the record on the file.
5. From the appraisal of the evidence on record, it becomes evident that complainant purchased D.S. Relax Oil from the opposite party vide bill No. 141 dated 11.7.2016 for a sum of Rs. 3600/- , copy of retail invoice accounts for Ex.C-2. It is the case of the complainant that when he used the oil, it created many complications as well as pain to his legs. It is further the case of the complainant that when he approached the opposite party and brought the said fact to its notice, the concerned official(s) of the opposite party assured that the amount of unused balance oil will be paid to the complainant. But nothing has been done so far despite earnest efforts made by the complainant.
6. The complainant in his complaint has sought relief for refund of sale price of D.S. Relax Oil besides compensation of Rs. 10000/- as well as litigation expenses. In order to prove his case the complainant has produced copy of retail invoice Ex.C-2, copy of payment receipt Ex.C-3 as well as newspaper cutting dated 10.7.2016 Ex.C-4. In our considered opinion, the complainant has failed to prove his case. Except for bald assertion of the complainant that the oil purchased by him from the opposite party has created many complications and caused pains to his legs, however, the same is not sufficient to prove deficiency in service or unfair trade practice on the part of the opposite party. The complainant has not produced the defective product for sending the same to some appropriate laboratory for ascertaining its worthiness to cure joint pains. So in the absence of any cogent and convincing evidence, it cannot be held that the opposite party has sold the defective product to the complainant. The complainant has not produced any report of registered medical practitioner to the effect that use of the oil has caused damage to his limbs. As such the complainant has miserably failed to prove any deficiency or negligence on the part of the opposite party. Hence, the instant complaint fails and the same is ordered to be dismissed. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated: 18.10.2016.
