Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. : 300.

                                                          Instituted on     : 17.05.2017.

                                                          Decided on       : 07.01.2019.

Dhanpat Halwai(age 50 years) s/o Sh. Shyam Lal, Resident of H.No. 1613/5, Nand Lal Kapoor Chand Pech, Railway Road, Rohtak.

                                                          ………..Complainant.

                             Vs.

1.       Teleone Consumer Products Pvt. Ltd. Bahadurgarh (Jhajjar), Haryana.

2.       Teleone Consumer Products Pvt. Ltd., 180, Pitampura, Village Near Govt. School & Chaupal, Delhi-110034 through its Administrative Officer, Sh. Kailash Mishra.

3.       Dr. D.K. Jaiswal, C/o Teleone Consumer Products Pvt. Ltd., Saraswati Vihar, Delhi.

          Moibile : 9310295408 & 9212600900.

……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   SH. VED PAL, MEMBER.

                   SMT. SAROJ BALA BOHRA, MEMBER.

Present:       Ms. Sonika Jangra, Advocate for the complainant.

                   OP No. 1 given up vide order dated 02.01.2018.

                   Sh. Parveen Kumar, Advocate for OPs No. 2 and 3.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                          Brief facts of the case are that the complainant is a confectioner by occupation and he was feeling some weakness in his body and facing some other health problems. It is alleged that on seeing the advertisement of the OPs on various commercial TV Channels, the complainant approached to OPs and told them about his various health problems and ailments of high blood pressure, diabetes and heart problem and OPs assured the complainant to make him hale and hearty by consuming their various products, medicines and machineries. After trusting on OPs, complainant paid various amounts mentioned as below:

                   It is pertinent to mention here that the OPs also received Rs. 40,000/- cash vide dated 09.12.2016. In this way, the OPs received Rs. 2,52,600/- on account of supplying various products. On 22.12.2016 the complainant approached to the OPs many times with a complaint that all products and machineries provided by them is so much costly and not useful for him, so, he requested to OPs to refund the whole amount by returning all products. But despite repeated requests and representations, the complainant did not receive any refund or reply from the OPs. On 30.03.2017, the complainant sent a legal notice to the OPs, but despite receiving the same OPs did not refund the amount rather sent a reply to legal notice through their counsel vide which the OPs offered to refund the amount subject to deduction of 35% of total amount. The act and conduct of the OPs is highly illegal and amounts to deficiency in service on their part. Hence, this complaint and it is prayed that  OPs may kindly be directed to refund the full amount i.e. Rs.2,52,600/- alongwith interest at the rate of 18% per annum from the date of deposit till its actual realization, Rs.11,000/- as litigation expenses and Rs.25,000/- as damages as explained in relief clause.

2.                          After registration of complaint, notice was issued to the opposite parties. Opposite parties No. 2 and 3 in its reply has submitted that it is vehemently denied being wrong that the OPs assured the complainant to make him hale and hearty by consuming there various products, medicines and machineries. However, it is denied that the complainant paid the amount as per the advice of the OPs. In this regard it is important to mention that complainant himself had approached the OPs and had placed various orders from time to time and OPs had supplied the products as per the order placed to the complainant to his satisfaction. The complainant was satisfied from the products delivered to him and due to that he placed orders one by one as per his wish and desire. It is also submitted that the products were purchased by the complainant by his own convenience and after understanding everything. It is further submitted that OPs after getting the legal demand notice from the complainant had asked him to return the unused packed products if he wish so and company would refund the amount after deducting 35% of the sale amount which includes taxes paid to the government and the delivery charges etc. but complainant did not avail the same and he choose to file the present false and frivolous complaint before this Hon’ble Forum. It is further submitted that complainant mischievously arrayed OP No. 1 by projecting some branch office in Bahadurgarh (Jhajjar) to attract the jurisdiction of the Hon’ble Forum but in fact there is no branch office of the OP in Bahadurgarh (Jhajjar). Therefore, this Hon’ble Forum has no jurisdiction to try and decide the matter and lastly prayed for dismissal of the complaint qua the OPs No. 2 and 3.

3.                Opposite party No. 1 was given up being unnecessary by learned counsel for the complainant vide her recorded statement dated 02.01.2018.

4.                Ld. counsel for the complainant in her evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C13 and has closed her evidence on dated 19.02.2018. Ld. Counsel for OPs No. 2 and 3 has tendered affidavit Ex.R-1 and closed his evidence on dated 16.08.2018.

5.                          We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

6.                          After going through the file and hearing the parties it is observed that as per the bills placed on record by the complainant Ex.C2 to Ex.C8, he had paid an amount of Rs.212600/- on account of purchase of various medicines/health products to the opposite parties. It is also observed that the alleged products have been supplied by the opposite parties at the address of complainant at Rohtak. The cause of action has arisen at Rohtak. Hence this Forum has jurisdiction to entertain the case. It is also not disputed that the complainant was not satisfied with the products and as such he applied for refund of his amount with the opposite parties and also served a legal notice Ex.C9 to the OPs and in reply to the same OPs vide their reply Ex.C13 has submitted that they are ready to refund the alleged amount after deducting 35% of the sale amount which includes taxes paid to Govt. and delivery charges etc.

7.                          On the other hand, it is observed that as per the bills placed on record, no delivery charges are mentioned in any bill whereas the taxes on some products are 5% to 13%. Hence the deduction of 35% from the total amount is highly illegal. Perusal of the documents shows that the complainant was having so many ailments e.g. blood pressure, diabetes and heart problems. At the time of arguments complainant also placed on record some medical records Annexure RA to Annexure-D of different medical clinics/nursing homes but the OPs have supplied the products to the complainant without any prescription simply on the telephonic calls. The respondents can only manufacture the Ayurvedic medicines and cannot sale the same without any prescription issued by the Doctor. Hence the selling of alleged products/medicines to the complainant without any prescription or without doing any examination of complainant at any time is illegal and amounts to deficiency in service. As such OPs are liable to refund the amount of products after deduction of 25% amount on account of use of alleged products and taxes etc.

8.                          In view of the facts and circumstances of the case, complaint is allowed and opposite party No.2 & 3 are directed to refund the amount of Rs.212600/- less 25% i.e. to pay Rs.159450/-(Rupees one lac fifty nine thousand four hundred and fifty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 17.05.2017 till its realization and Rs.15000/-(Rupees fifteen thousand only) as compensation and litigation expenses to the complainant maximum within one month from the date of decision. However complainant is also directed to return the products used/unused to the opposite party no.2 & 3 at the time of making payment by them.

9.                         Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

07.01.2019

                                                         ................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          Ved Pal Hooda, Member.

                                                                        ……………………………….

                                                                        Saroj Bala Bohra, Member.