Delhi

North

CC/310/2022

SH. AKHILESH KUMAR CHOUDHARY - Complainant(s)

Versus

RAVI SPECIALIST PHARMA, - Opp.Party(s)

10 Jul 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.:310/2022

IN THE MATTER OF:

 

Sh. Akhilesh Kumar Choudhary

S/o Kedar Narayan Choudhary,

Kh. No.120/10, West Kamal Vihar,

Gali No.7, Block-B,

Burari, Delhi-110054.                                                …                                                           Complainant

 

Vs

 

Ravi World Wide Medicine Pvt. Ltd.

Grover Chamber, 1^st floor, 4_B, Pusta Road,

Delhi-110005,

Ph. N.09994330921;

Mail Id:- ravi.ravispecialist@gmail.com      …                                                           Opposite Party

 

ORDER

10/07/2024

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand are that:-

1. on 21.04.2021, the Complainant  contacted/approached the OP through an email for supply of a medicine to be used in the Covid 19 as the brother in law of complainant was suffering from Covid. The payment of Rs.41,545/- was made to opposite party but opposite party failed to provide the medicine within the due course of time which caused death of complainant’s brother in law;
2. Thereafter, complainant informed opposite party about the death of his family member and requested to proceed with the refund of the above mentioned amount and the OP promised to return the amount confirming through the receipt of intimation. Thereafter, complainant registered complaint seeking refund of the amount and on the said complaint, complainant was assured by OP’s executive that his complaint will be resolved within a week but no response received.
3. On believing the assurances, complainant kept waiting for the response of OP but it is unfortunate that neither OP exhibited his concerned/interest to resolve the grievances/complaint of complainant nor taken any steps in order to resolve the problem faced by complainant.
4. The legal notice dated 13.04.2022 was also sent through India post as well as through email which was duly received by OP. The copy of postal receipts have been annexed as Annexure A.  The printed copy of the email serving the legal notice dt. 13.04.2022 has also been annexed as annexure A2.
5. The OP replied the complainant's legal notice dated 27.04.2022 and in para no. III of reply, the OP admitted the claimed amount and further agreed to refund the same but no refund was made. A copy of reply of legal notice of OPs has been annexed and marked as Annexure B.

 

2.       Therefore, this complaint has been filed praying for:-

1. directions to OP to Pay Rs.41,545/- along with interest @18% per annum from the date it becomes due till its realization; and
2.  any other order or direction in favour of the complainant and against the opposite party which this Hon'ble Court deem fit and proper in the facts and circumstances of the case as mentioned above.

 

3.       The Complainant has also filed copies of notice dated 13.04.2021, postal receipt dated 13.04.2021, reply of the notice by the OP-3 dated 27.04.2022, email conversation between OPs and Complainant, IMPS fund transfer receipt showing the fund transfer of Rs.41,545/- and email showing the acceptance of order for the product (medicine) alongwith the complaint in support of the allegations.

 

4.       Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did send any communication despite service of the notice. The complainant has filed evidence by way of Affidavit. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OP has chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OP. However, the material available on the record is sufficient to corroborate the allegations of deficiency in service on the part of the OP as levelled in the instant complaint. Therefore, we feel appropriate to direct the OP to pay Rs.41,545/- to the Complainant within 30 days from the date of receipt of this order with interest at the rate of 9% from 05-07-2022 till the date of payment.

5.       It is clarified that the aforesaid amount shall be paid by the OP within 30 days as directed above at para 4. In case, the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

6.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA

   Member                                                                                        Member                  

DCDRC-1 (North)                                                                      DCDRC-1 (North)

 

                         DIVYA JYOTI JAIPURIAR

                         President 

         DCDRC-1 (North)