Present        (1)    Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                     President

                    (2)     Sri Sheo Shankar Prasad Singh,

                              Member

Date of Order : - 05.06.2015

                    Sheo Shankar Prasad Singh

                              In the instant case the Complainant has sought for following reliefs against the Opposite parties:-

1. To pay claim amount of Rs. 14, 970 / Fourteen Thousand Nine Hundred Seventy Only with interest thereupon  @ 18% per Annum from date 03.01.2013 to till final payment.
2. To pay Rs. 2,00,000/- (Two lac) as Compensation for mental and physical torture.
3. To pay Rs. 50,000/- (fifty thousand) as litigation cost.

                              Brief facts of the case which led to the filing of complaint are as follows:-

1. The complainant has purchased a pair of Paragon Poly centric Knee Caliper ( Supra ) ( hereinafter referred a Paragon Caliper ) on 03.01.2013 from Paragon Mass Retail Pvt. Ltd. for his personal use as he was havening mild pain in his both knees and the opposite parties have made advertisement in print media as well as in visual media claiming therein that any type of pain in the knee is curable by using the aforesaid Paragon Caliper ( Supra ) and believing upon the advertisement the complainant purchased the above said Paragon Caliper ( Supra ) for his personal use. ( Vide Annexure – 1 )
2. The above said Paragon Mass Retail Pvt. Ltd. ( hereinafter referred as company ) is a online company in which any person can place his order through the company’s website by filing order form given on company website or through telephone or through letter or through E – mail. It is relevant to state here that the complainant placed his order through telephone and the mode of payment was cash on delivery.
3. It is stated that on 9^th /10^th of January 2013, after delivery f above said Paragon Caliper, the complainant used the said product as per advise by the company’s representative and also according to the instruction given in company’s C.D. which was delivered to the complainant along with the above said Paragon Caliper. It is also relevant to state that through the above said product the company claims that the product will always the useful and beneficial to the complainant or the purchaser.
4. It is relevant to mention that the complainant had taken all precautionary and followed the instruction / advices given by the company’s representative or the instruction / advices given in the company’s C.D. delivered to him along with the Paragon Caliper while using the above said product.
5. It is stated that after using of above said product for two or three days, the knee of the complainant got swelled and intolerable pain in the knee along with the adjacent part began. Further the complainant also realized the blood was not circulating in his both legs properly during/ after the use of the above said product due to the problem occurred after using the product.
6. It is relevant to state that after using of the Paragon Caliper, complication started in both the legs of the complainant. Further in this regard the complainant informed the company’s representative but the company’s representative instructed / advised him to continue the use of the Paragon Caliper and further said that after one or two days the complainant will feel normal but it did not happen.
7. Due to the problem occurred after using the above said product, the complainant consulted to specialist Doctor and Doctor advised him not to use the Paragon Caliper anymore and further advised him to take rest. ( Vide Annexure – 2 )
8. After that the complainant made contact with the company’s representative for return of the Paragon Caliper.
9. On 15.01.2013, as per the instructions of the company’s representative the complainant returned the Paragon Caliper through courier. The complainant took this step after having physical problem during the course of using of the above said product. ( Vide Annexure – 3 )
10. It is relevant to state that on 15.01.2013, the complainant also sent a letter to the company for refund of his money and the letter dated 15.01.2013 along with the parcel of Paragon Caliper were received by the company. Further the complainant also sent E – mails on company’s website for refund of his money but it all went in vain. ( Vide Annexure – 4 )
11. It is further stated that the company is arbitrarily, intentionally and callously not refunding money to the complainant. Further this act of company is not permissible since the company claims that the product is useful and never harms to the users.
12. The complainant is a sports man and has served his nation at state and India level and also won many medals is for his country and state. It is relevant to state that the complainant is a member of India Body Building Federation.
13. Due to the false propagation on the basis of false promise done by the company for the above said product, the complainant has suffered irreparable loss and injury and further underwent mental and physical agony for which the opposite parties are liable to be heavily punished.

We perused the documents available on the record and have heard the complainant only as opposite party neither appeared nor filed any written statement to controvert the allegation made against them by the complainant.

As the complainant has submitted the fact on oath and opposite parties despite notices being served had failed to controvert the allegations and in these circumstances we are left with no alternative then to accept the submissions of the complainant made in the complaint petition.

Accordingly, we direct the Opposite Party no. 1 and 2 jointly and severally to refund the amount of Rs. 14,970/-( Fourteen Thousand Nine Hundred Seventy only ) being the price of Paragon Caliper within a period of two months from the date of receipt of this order failing which the aforesaid amount will carry an interest @ 9% ( Nine ) per annum till its final payment.

Aforesaid opposite parties are further directed to pay Rs. 3,000/- ( Three Thousand only ) to the complainant as composite charge for compensation and litigation cost within the aforesaid period of two months.

Accordingly, this case stands allowed to the extent indicated above.

                                 Member                                                               President