Sh Shiv Prashad Gautam, S/o Sh. Chuhru Ram, registered Ayurvedic Practitioner; ward No.-5, Nalagarh, Tehsil Nalagarh, District Solan, (HP). …...Complainant.
Versus

1. M/s. Krishna Pharmacy (Pvt.Ltd) Hall Bazar, Amritsar, District Amritsar (Punjab) Through Its managing Director.

2. Manager, Sh. Krishna Pharmacy Pvt.Ltd Hall Bazar, Amritsar, District Amritsar (Pb) ......Opposite Parties.

ORDER:

1. This order shall dispose of complaint Under Section 12 of the Consumer Protection Act, 1986. The case of the complainant in brief is that the complainant is a registered Ayurvedic (Medicines) Practitioner at

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Nalagarh, Tehsil Nalagarh, District Solan. (HP). The OPs are dealer/supplier of Ayurvedic Medicines and herbs stationed at Amritsar, Punjab. He further averred that he processes and prepares requisite ayurvedic preparations and medicines at his own level from the raw material i.e herbs and minerals for his day today practice to provide the same to his patient. On 09.04.2007 he sent a requisition letter to OPs for purchase of herbs etc. with a detailed list of such herbs, so required to be supplied mentioning in detail the quantity of each item so required to be supplied to him by the OPs and in response to such requisition the OPs, while acknowledging the receipt of letter dated 09.04.07 sent a Performa bill along with their letter No-18 dated 19.04.07. Accordingly, as per the Performa bill, he placed supply order to the OPs, on 26.04.07 after deleting three major items from the Performa bills from Serial No-8 and sent a bank draft of Rs.6000/- dated 26.04.07 and the same was delayed acknowledge by the OPs, vide letter dated 03.04.07. He further ever that after receiving the total bill amount in advance, the Rupees did not give any positive response in spite of repeated requests through letters and telephonically calls as such times require a longer time to be denied before procession

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of preparation at the level and at the same were urgently requested, because the prepared medicines were becoming out of stock with the complainant. Moreover, it was also pointed out that if the supply is delayed same were likely to be damaged and becoming useless, due to moisture and dampness during the rainy season. More so, its processing was not available and practicable during the rainy season.

In response to such request, the OPs, although respondent vide its letter dated 16.05.07 i.e. Annexure-M, assuring early supply, but nothing materialized on the part of the OPs, thereafter the complainant had issued a registered notice to the OPs, vide Annexure-H, dated 03.07.07, whereby he informed them of withdrawing and canceling this order in the wake of the setting in of the rainy season and calling for damages, but there was no response to such notice on the part of OPs. He further averred that in spite of service of such notice, OPs, not carrying and taking note of the same and dispatched the requisite supplies through goods carrier to the complainant on 29.07.07, in fact same was dispatched on 01.08.07 vide invoice Annexure-E through Ambala Goods Booking vide G.R. No. 147632, which was received by the complainant on 04.08.07 after making a payment of Rs. 580/- to

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transport company as carriage and labour charges and taxes etc. i.e. during the peak rainy season. He further averred that due to the peak rainy season the processing and seasoning and practicable and to save such supplied herbs and medicines, so packed were not opened apprehending the same being damaged, due to high dampness and moisture in such rainy season.

Then he sent a protest letter dated 21.08.07 Annexure-C to the OPs asking them for payment of damages for losses so suffered by the complainant, due to sheer negligence and advertent / intentional mistake i.e. deficiency in service and un-fair trade practice, so practiced by the OPs on the complainant being a consumer. He further averred that he had sent to registered notices dated 05.09.07 and 01.12.07, but the OPs failed to respond the same. He further aver that due to deficient service and un-fair trade practice on the part of the OPs the complainant suffered irreparable losses and damages and he claimed Rs. 55,466/- along with interest @ 18% p.a from 01.09.07 to till realization from the OPs.



2. The notices of this complaint were issued to the OPs by way of registered letters, which were not received back undelivered. As such, presumption of service was drawn against the OPs wide zimni dated

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29.05.08, and the complaint was ordered to be heard ex-parte against OPs. There after the complainant filed the ex-parte

evidence by way of documents and affidavit.

3. We have heard the learned counsel for the complainant at length and have also scanned the entire record of the case in support of the allegation contained in the complaint.

4 The complainant in support of his claim has placed on record Annexure-A, photocopy of letter dated 01.12.07, copy of notice dated 05.09.07 i.e. Annexure-B, copy of letter dated 21.08.07 i.e. Annexure-C, copy of invoice i.e. Annexure-D, copy of receipt i.e. Annexure-E, copy of GR dated 01.08.008 i.e. Annexure-F, copy of VAT invoice dated 29.07.07, copy of form V-1A dated 05.08.08 i.e. Annexure-G, copy of register notice dated 03.07.07 i.e. Annexure-H, copy of letter dated 19.04.07 of OPs i.e. Annexure-I, copy of rate list of articles dated 19.04.07 i.e. Annexure-K. The complainant also filed affidavit in support of the allegation contained in the complaint.

5 As such from combined and harmonious reading of the aforesaid there is no doubt that the complainant had placed order of supply of herbs from the OPs and

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the said order was materialized on 01.08.07 after a great delay. From the pleadings and documents placed on record by the complainant it appears that the plea taken by the complainant is contradictory to the stand taken in the complaint from the letter dated 01.12.07 i.e. Annexure-A, wherein the complainant has stated that he opened the supplied herbs and medicines on 11-11-2007 sent by the OPs. and found deficiency in the items sent by the OPs. where as in the complaint he has stated that the herbs supplied by the OPs. so packed were not opened being damaged and there is nothing on the record that the said herbs and medicines are still lying with the complainant and the same are not being utilized by the complainant. Now the dispute qua that the delay in the supply of goods and loss and damage caused to the complainant. We have gone through the entire record.

The complainant, in, support of the claim has not adduced any cogent and reliable oral and documentary so as to enable us to concur with him. So far the damage claimed by the complainant to the tune of the Rs. 55,466/- from the opposite parties, there is nothing on the record to show as how this amount of Rs. 55,466/- has been arrived at. So we are unable to also averred damages of specific evidence, as well as potent oral and documentary evidence. It has been held by the National Commission in case of NEPA Ltd.V.

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Madhya Pradesh Electricity Board I (2003) CPJ 138 (NC) that where great deal of evidence both oral and documentary would required for the complainant to prove its case and complicated question of facts and law involved, which are not possible for Consumer Forum to decide in its summary jurisdiction.

6. For the foregoing reasons, therefore complaint is liable to be dismissed. However, the complainant is at liberty to approach the civil court or any other forum for the relief’s claimed, this dismissal would not come in its way and complainant may seek exclusion of time under Section 14 of the limitation act. It is ordered accordingly.