Orissa

Cuttak

CC/151/2023

Dr Sunil Kumar Rath - Complainant(s)

Versus

Tata 1 MG Health care solution Pvt Ltd - Opp.Party(s)

self

31 Oct 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.151/2023

 

Dr. Sunil Kumar Rath,

S/o: Simanchal Rath,

Plot No.3C/876,Sector-10,CDA,

Cuttack-753014.                                                           ... Complainant.

 

          Vrs.

 

TATA 1 MG HEALTH CARE SOLUTION PVT. LTD.,

                   5^th  Floor,Tower-B of Presidency Building,

46/4, Mehrauli Gurgaon Road,

Sector-14, Gurugram, Haryana-122001,

                   India.                                                                         ...Opp.Party

 

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    06.05.2023

Date of Order:  31.10.2023

 

For the complainant:           Self.

For the O.P:                             None.

.

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that on 14.4.2023 the complainant had purchased health and wellness products called “Complan” which is an energy drink from the O.P by paying cash of Rs.1209/-.  Since because the products were damaged that which he had purchased from the O.P, he had tried to contact the O.P with intention to get refund of the consideration amount that which he had paid.  He had sent legal notice to the O.P on 16.4.2023 to that effect and ultimately when no result yielded, he has come up with this case demanding refund of Rs.1209/- which he had paid to the O.P for the “dress”.  He has also demanded a sum of Rs.50,000/- towards compensation for his mental agony and harassment with further prayer for cost of his litigation and for any other order as deemed fit and proper.

Together with the complaint petition, he has filed copies of certain documents in order to prove his case.

2.       Having not preferred to contest this case, the O.Ps have been set exparte vide order dated 17.6.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Points No.i & ii.

Out of the three points, point no.i & ii being the most pertinent points are taken up first together for consideration here in this case.

After perusing the complaint petition, the written notes of submission and also the copies of documents as made available by the complainant, it is noticed that as per the copy of payment invoice dated 14.4.2023, the complainant had paid a sum of Rs.1209.09p to the O.P for purchasing health and wellness product called Complan.   As it appears from the averments of the complaint petition as well as from the photo copies of documents, the complainant had purchased “Complan” an energy drink which according to him, was a damaged product.  Such claim of the complainant has not been substantiated in any manner by the complainant in order to apprise this Commission that infact the purchased health and wellness product as purchased by him from the O.P is a damaged product and nothing else.  In absence of any such cogent evidence to that effect, this Commission cannot jump into a conclusion that infact the Health & Wellness product that which was sold by the O.P to the complainant was a damaged product and nothing else.  Moreso, to utter surprise, the complainant has claimed refund of Rs.1209/- from the O.P that which he had paid for the “dress”.  It is not understood as to when he had purchased the Health & Wellness product called “Complan” wherefrom his claim for “dress” arose in this case.  As such, the O.P is not found to be deficient in his service by not refunding the consideration money to the complainant as claimed and the case of the complainant is found to be not maintainable also.  These two important points thus go against the complainant.

  Point No.iii.

From the discussions as made above, the complainant is not entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

 

                                              ORDER

Case is dismissed exparte against the O.P and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 31^st day of October,2023 under the seal and signature of this Commission.         

 

                                                                        Sri Debasish Nayak

                                                                                   President

                     

                                                                                                              

                                                                               Sri Sibananda Mohanty

                                                                                  Member