IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

 Friday the  25^th day of  October, 2024

Filed on: 16.09.2023

Present

1. Smt. P.R.Sholy, B.A.L, LLB  (President in Charge )
2. Smt.  C.K.Lekhamma . B.A. LLB (Member)

In

CC/No. 270/2023

     between

Sri.  Ajith. T.S.                                                                        Sri. Samju

Thekke Palackal Veedu                                                          Tesa Whitening Cream                                      

          Mangalam Ward, Kanjiramchira.P.O                                      Badar Nagar, Chowki

          Alappuzha-688007                                                                  Kasargode-671124

                                                                                                          (Exparte)        

O R D E R

SMT. SHOLY.P.R (PRESIDENT IN CHARGE)

Complaint filed u/s 35 of the Consumer Protection Act, 2019.

1.       Material averments of the complainant’s case is as follows: -

The  complainant bought a face cream from the  opposite party worth   Rs. 750/- and after using for 1 week the complainant’s face began to change the texture and face skin colour changed to Red.  After  informing to the opposite party regarding the changing  skin colour, the  complainant got only negative response from the opposite party. Day by day the situation got worse and the complainant was unable to go outside as the complainant’s face became ugly after using the product.  This situation has affected his job and   also the complainant faced mental agony, so this complaint  requesting the commission to realize compensation from the opposite party.

2.       Notice along with the copy of complaint served to the opposite party. But not responded the complaint or disputed. Hence proceed to exparte.

3.       Points raised for consideration are:-

1. Whether there is any deficiency in service on the part of opposite party ?

2. Whether the complainant is entitled to get relief sought for in the complaint?

3. Reliefs and costs?

4.       Points No. 1 and 2:-

 As the opposite party remain exparte at the earlier stage of trial the complainant filed his evidence affidavit along with 5 documents after a long  period of almost 7 months.    Documents are marked as Ext.A1 series and Ext.A2 to A5. Ext.A1 series is the treatment records and its bills, Ext.A2 is the copy of image of the product, Ext.A3 is the copy of one agreement, Ext.A4 is Medical Certificate and Ext.A5 is the copy of screen shot regarding  google pay for payment to the opposite party.

5.       The complainant’s case is that after a week from using the face cream of opposite party mentioned in Ext.A2 worth Rs. 750/- the complainant’s face began to change its texture and  face skin changed its colour to reddish. Though the  same was informed to the opposite party, it was not responded by the opposite party and the situation got worse and thereby the complainant was unable to go outside since his face became ugly after using the said cream.  According to the complainant, as he is working in modeling field it was negatively affected his carrier and  caused  mental agony and stress. Hence he  filed this complaint seeking compensation from the  opposite party.  Even though the complainant alleged the colour changing  of the face skin and texture and its subsequent treatment  by using the cream of the opposite party, it  was not substantiate from the evidence adduced by himself. From Ext.A5 coupled with Ext.A1 series it realized that the complainant  had taken treatment prior to the purchase of the cream, ie,  as per Ext.A5 the complainant  bought the cream from  opposite party and payment made  on 21/7/2023 and as per Ext.A1 series he had undergone the alleged treatment during  April 2023 prior to the date of purchasing  of the disputed cream from opposite party.   In the said circumstance we cannot found any deficiency in service on  the side of  opposite party.

6.       Point No.3:-

In the result complaint stands dismissed.

 Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission this the   25^th     day of October, 2024.

                                            Sd/-  Smt.P.R Sholy (President-In-Charge)

                                             Sd/-Smt. C.K.Lekhamma.(Member)

Appendix:-Evidence of the complainant:-

Ext.A1                       -           Treatment Records and Bills

Ext.A2                       -           Copy of Image

Ext.A3                       -           Copy of Agreement

Ext.A4                       -           Medical  Certificate

Ext.A5                       -           Copy of Screen Shot .

Evidence of the opposite parties:-  Nil

// True Copy //

To        

            Complainant/Oppo. party/S.F.

                                                                                                                            By Order

                                                                                                                         Assistant Registrar

Typed by:- Br/-

Compared by:-