DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.23 OF 2017

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

                  Sri Purna Chandra Tripathy       - Member .

Sri Rabinarayan Choudhury, aged 25 years

S/O: Basudev Choudhury , Choudhury street ( Lalagorji)

At :Aska, Ganjam, Odisha – 761110 at present  working as

Postal Assistant Head post Office, Phulbani

At/PO/PS: Phulbani Dist: kandhamal -762001.                                  ……………………….. Complainant.

                                Versus.

Nutri Herbs ( Skygain Nutricare Pvt ltd )

A-10 DDA Shed 2nd floor Back side of crowne Plaza

Okhla Phase-1, New Delhi – 110020.                                                  …………………………….. OPP. Parties.

For the Complainant: Self.

For the OPP. Parties: None.

Date of Order: 25-09-2017

                                                                                               O R D E R

                                                 The case of the Complainant in short is that he had purchased 6 bottles of Garnicia tablets from Nutri herbs for loss of weight having clause of guaranteed results, otherwise he will refund the money. But after consuming one bottle he was not satisfied and contacted the customer care of the O.P and he told him to try with another bottle with a condition that if he will not be satisfied with the result, he can return the product .Accordingly he returned the product through speed post on 25-02-2017 but the O.P failed to refund the money. So, he was suffering both mentally and financially and filed this complaint against the O.P for a direction to the O.P to refund his amount with penal interest along with compensation of Rs. 20,000/-towards mental harassment and Rs.10,000/- towards cost of litigation.

                                                WE have heard the Complainant and perused the complaint petition, copy of the documents filed by the Complainant in support of his case. It reveals from the complaint that he had purchased 6 bottles of Garnicia tablets from the O.P namely Nutri Herbs company which provides various products for heath development .But in the complaint petition he is silent regarding the date

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of the purchase of the product and the cost of the Garnicia tablets. The guideline of any broachers regarding the guarantee of the products is also not available with the Complaint. There is also no evidence regarding the result of the product as far as the loss of weight of the complainant is concerned. So, in absence of the date of purchase, cost of the product and also the warranty card, it can not be held that the O.P committed any deficiency in service on his part. Accordingly the complaint filed by the Complainant against the O .P is dismissed exparte being devoid of merit.

                                                The C.C is disposed of. Supply free copy of this order to both the parties.

MEMBER                                                                             MEMBER                                                             PRESIDENT