BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                          Complaint Case no. 251 of 2023      

                                                          Date of Institution: 09.06.2023

                                                          Date of Decision:   19.09.2023. 

Sushil Kumar son of Sh. Bansi Lal, resident of House No. 261, Prem Nagar Ward No.2 Shiv Mandir Wali Street, District Sirsa. Mobile No. 93501-91745.

                                                                   ………Complainant.

                                      Versus

Pansari Hakim Vikas Jain, Address: Bhagat Singh Chowk, Rori Bazaar, Sirsa, Tehsil and District Sirsa. Mobile No. 92153-51455.

                    ……… Opposite party.

          Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR………. PRESIDENT

SMT. SUKHDEEP KAUR……………..MEMBER                    

   SH. OM PARKASH TUTEJA…………MEMBER        

Present:       Complainant in person.

Opposite party already exparte.

ORDER:-

          In brief, the case of complainant is that medicines of the son of complainant was continuing from one month from Desi Vaid from Guru Kirpa Davakhana. That due to some reason the said Vaid could not make medicines, so he went to Pansari Vikas Jain i.e. opposite party (hereinafter referred as op) and after showing the medicines he asked from op that said medicine is available with them upon which op gave the medicines to him. It is further averred that when he was leaving from there, he found that said medicine of op is not right and as such he told to the op that he has to return the said medicine upon which op stated him that sold material will not be returned. That when he asked to the op that he has not taken away the medicines to his home and has only come outside from his shop and also asked him to check his medicines and even asked him that if the cap of the bottle is opened by him then not to take back the medicine but he did not listen anything of the complainant and misbehaved with him. It is further averred that complainant belongs to a poor family and has suffered a lot of harassment. Hence, this complaint seeking direction to the op to take back the medicine and to return the amount of medicine.

2.       Notice of the complaint was issued to the op but op did not appear despite service of notice and as such op was proceeded against exparte.

3.       The complainant in evidence has tendered his affidavit Ex. CW1/A, visiting card of op with particulars of patient and medicine and price of the medicine Ex.C1.

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

5.       The complainant has proved on record that he purchased the medicine from op on 05.06.2023 for his son for a sum of Rs.600/-. The complainant has alleged that just after coming out of the shop of op,  he noticed the fact that said medicine purchased from op is not right and therefore he immediately went to the op and tried to return the medicine but op did not listen him and did not take back the medicine and misbehaved with him. The complainant has also alleged that he also requested the op that if the medicine is opened by him then he will not return the same to the op and op is not bound to take back the medicine but op did not listen anything in this regard. The op despite issuance of notice failed to appear before this Commission and opted to be proceeded against exparte and as such the pleadings and evidence of complainant remained unrebutted and unchallenged. The complainant was purchasing medicine for his son and as he immediately just after purchase of medicine from op found that said medicine is not correct, he wanted to return back the medicine as it is in same condition in which same was purchased by him from op but op did not take back the medicine. Since the cover of the medicine was not opened by complainant and prior to that complainant noticed that said medicine is not correct for his son, the op should have taken back the medicine and should have returned the amount to the complainant as complainant did not take away the medicine to the his house and was having doubt about the medicine. The complainant did not take away the medicine from the shop of op and immediately after coming out of his shop returned back to his shop for returning the medicine but op failed to oblige him. As such op is deficient in service and has adopted unfair trade practice towards the complainant by saying to him that once medicine is sold same is not returned back.

6.       Keeping in view of our above discussion, we allow the present complaint and direct the opposite party to take back the medicine from the complainant and to return the amount of Rs.600/- (charged from complainant in lieu of said medicine) to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which said amount will carry interest @7% per annum from the date of this order till the date of actual payment. We also direct the op to pay a sum of Rs.2000/- as compensation for harassment and litigation expenses to the complainant within above said period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.   

Announced:                   Member      Member                President,

Dated: 19.09.2023.                                               District Consumer Disputes

                                                                          Redressal Commission, Sirsa.