Delhi

North East

CC/410/2015

Pramod Verma - Complainant(s)

Versus

The Teleone Consumers Products Pvt. Ltd. - Opp.Party(s)

30 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 410/15

 

In the matter of:

 

	Shri Pramod Verma House No. 23, 100 Ft Road S/o Sh. Saradaman Singh Verma R/o Vaishno Devi Colony Near Seemapuri, Road No. 64, Near Mother Dairy, Tahirpur, Delhi-110095.	Complainant
	Versus
	The Teleone Consumers Products Pvt. Ltd 180, Pitampura Village, Near Shivaji Market, New Delhi-110034. Through its Chairman/Managing Director /AuthorizedSignatory/Incharge/Distributor.	Opposite Party

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:               DATE OF DECISION      :

19.10.2015 29.10.2018 30.10.2018

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Briefly put the facts in the instant case are that the OP is distributor and franchisee holder into business of providing health related products including medicines for treatment for reproduction and sperm growth and child birth through advertisement and articles on electronic media through Dhamaal Channel. The complainant being impressed by the advertisements and assurance and allurement regarding child birth through medicines and procedure suggested by OP, the complainant being issueless approached the OP telephonically on 14.08.2015 on the number broadcast on the TV channel and the OP informed the complainant that he entire treatment would cost around 59,000/- and the payments should be made in installments as and when medicine are sent with assurance that the complainant start finding positive effect to the medicine within 10 days of usage.  Thereafter the first consignment of medicines was dispatched on advice of the OP vide buyers order no. 50342063 and invoice no. TEL-ND-52733 dated 15.08.2015 for Rs. 4,000/- containing Shakti Prash Loose, Deemark Musli Active Loose and Tiger Tilla Oil. Thereafter, after 3-4 days the OP called up the complainant and advised him to meet their senior Dr. Anand to discuss his problem and asked him to stop taking the aforementioned medicines. The complainant has submitted that after consulting Dr. Anand the OP changed the medicines and asked complainant to certain other medicines like Deemark Musli Pro (90 Capsule), Tulsi Panchamrit, Deemark Ever Muscles Pro, Love Forever, Nari Kaya Kalp, Deemark Ever Virgin, Tiger Tilla Oil vide buyers order no. 50350228, Invoice no. TEL-ND-52995 dated 21.08.2015 for a sum of Rs. 18,000/-. The said amount was paid by the complainant in cash when the consignment was delivered o n 22.08.2015. Further someone named Dinesh Mehta from OP1 called up the complainant asking him to buy a product call Vacuum Therapy Mini which the complainant purchased on 23.08.2015 vide buyers order no. 50353564 invoice no. TEL-ND 53132 for Rs. 10,000/-. The complainant believed the prescription given by OP and followed all the guidelines. Further the OP again approached the complainant telephonically asking him to purchase a medicine Ever Slim-20 for Rs. 7,500/- which the complainant purchased vide buyers order no. 50367926, invoice no. TEL-ND 53548 dated 01.09.2015. however despite taken all the above mentioned medicine, the complainant got not improvement in his deficiency and found no positive or satisfactory response from the OP for which he requested the OP for immediate and urgent appointment with the senior Doctor but the OP ignored the same and started avoiding the complainant by bluntly telling him that his disease cannot be cured. When the complainant asked for refund due to fake assurances, the OP flatly refused to refund the amount despite several telephonic assurance in the past that in the event of failure of treatment the entire money would be refunded. Feeling cheated by the false assurance of the OP, the complainant issued a legal notice dated 11.09.2015 to the OP asking for refund of the refund of Rs. 39,500/- paid for the said medicine alongwith compensation but despite service the OP did not adhere to the same. Lastly the complainant was constrained to file the present complaint against the OP alleging deficiency of service and unfair trade practice on the part of OP and prayed for issuance of directions against the OP to refund Rs. 39,500/- alongwith interest 18% p.a. from the date of filing of the complaint and Rs. 2 Lacs as compensation for mental harassment and agony.

Complainant has attached copy of invoices dated 15.08.2015, 21.08.2015, 23.08.2015 and 01.09.2015 for sum of Rs. 4,000/-, Rs. 18,000/-, Rs. 10,000/- and Rs. 7,500/- respectively paid by the complainant to OP for the medicines and copy of legal notice alongwith postal receipt and AWB. The complainant has filed CD of conversation between the complainant and OP regarding failure of medicine / no positive or satisfactory response and request for appointment with senior Doctor.

2. Notice was issued to the OP on 10.12.2015 however OP failed to appear despite service effected on 19.12.2015 and was therefore proceeded against ex-parte vide order dated 11.04.2016.      
3. The complainant filed ex-parte evidence and written arguments on 05.07.2016 and 22.12.2016 respectively in reiteration of grievance against the OP.

The complainant has filed the internet copy of negative reviews of customers about OP regarding product purchased from it questioning there authenticity, purity and deficient services.

4. We have heard the arguments addressed by the counsel for the complainant and have perused the documentary evidence placed on record.

From the invoices attached and submissions made by the complainant, it is clear that the complainant had paid Rs. 39,500/- in cash to the OP between 15.08.2015 to 01.09.2015 for medicines purchased on the advice and representation by OP. The allegation of complainant against OP of the said medicines having failed to cure his infertility has gone unrebutted in view of willful abstention on the part of OP to attend/defend the proceedings initiated against him in the present complaint.

5. The Hon’ble National Commission in the judgment of Divya Sood (Smt.) Vs Gurdeep Kaur Bhuhi (I) 2007 CPJ 44 (NC) had held that bogus advertisement which present an untrue picture of the product sold was held to be unfair trade practice. Further the Hon’ble National Commission in FIAT India Pvt Ltd Vs S.K.Verma (I) 2008 CPJ 145 (NC) had held that company would be liable if exaggerated claims are made through various advertisement enticing gullible customers to buy the vehicle amounting to unfair trade practice.

In light of the settled proposition of law, we therefore hold the OP guilty of deficiency of service and unfair trade practice on the basis of unrebutted allegation of the complainant of guaranteed and assured treatment and successful result thereof given by OP to the complainant in advertisements and allow the present complaint against the OP in favor of the complainant.

6. We therefore direct the OP to refund a sum of Rs. 39,500/- towards the cost of the medicines alongwith interest @9% thereon from the date of filing of the complaint till realization. We further direct the OP to pay a sum of Rs. 5,000/- to the complainant as compensation for mental agony and harassment. Let the order be complied within 30 days from the date of receipt of copy of this order.          
7. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8. File be consigned to record room.
9. Announced on  30.10.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member