BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

      Complaint No.55 of 2023

      Date of Instt. 21.02.2023

      Date of Decision: 23.10.2024

Surinder Paul, aged about 68 years, son of late Sh. Nasib Chand, resident of House No.138, Tower Enclave Phase-III, Jalandhar, Nakodar Road, near Kapoor Cold Store Farm, Jalandhar-144014.

..........Complainant

Versus

M/s Greenshopgo Pvt. Ltd. (GreenGo), Plot No.62, Village Rangpuri Extension, B Block Gali No.7, Mahipalpur, New Delhi-110037. Through its Proprietor/Manager/Authorized Representative.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)   

Present:       Sh. B. P. Singh, Adv. Counsel for Complainant.

                   OP exparte.

Order

Jaswant Singh Dhillon (Member)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the OP is doing the business of many medical products relating to various human ailments and also doing the business for profit and gains. The OP gave the advertisements for their products in Newspaper as well as on Social Media, to attract the customers to purchase the same. After seeing the advertisement on social media and newspapers, the complainant give the order for supply of Vokin Biotech Herbal Insulux, but the OP sent 3 Units of Insulux HSN:21069099@ Rs.1750/- per Unit, alongwith INSULUX CREAM CS HSN 30049011 (without the consent of the complainant) the OP sent this Insulux Cream), of total amounting to Rs.5250/-, vide serial No.0000288772 dated 14.09.2022. The complainant paid a sum of Rs.5250/- to the OP against this order as mentioned above and after opening the envelop, it came to the notice of the complainant that the product sent by the OP is of other company instead of the original company title as Vokin Biotech Herbal Insulux. The complainant has got verified the originality of these products from M/s Vokin Biotech Herbal Insulux Company and the said company informed that these products are not concerning with Vokin Biotech Herbal Insulux and these are fake one. The OP has committed cheating, unfair trade practice and fraud with the complainant by sending a duplicate product to the complainant. This act and conduct of the OP is clear cut deficiency in service and unfair trade practice on their part. The complainant got issued a legal notice dated 19.10.2022 to the OP, but to no effect and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to refund the sum of Rs.5250/- along with interest at the rate of 18% p.a. from 14.09.2022 till realization of entire amount and further OP be directed to pay a compensation of Rs.20,000/- for causing mental tension, agony, harassment, financial losses etc., to the complainant and Rs.11,000/- as litigation expenses.

2.                Notice of the complaint was given to the OP, but despite service the OP failed to appear and ultimately, OP was proceeded against exparte.

3.                In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.

4.                We have heard the learned counsel for the complainant and have also gone through the case file very minutely.

5.                The case is that after seeing the advertisement on social media, the complainant ordered supply of Vokin Biotech Herbal Insulux, but after opening delivery box, complainant found wrong product i.e. 3 units of Insulux HSN:21069099 @ Rs.1750/- per unit alongwith INSULUX CREAM CS HSN:30049011 without the consent of the complainant and complainant paid total Rs.5250 vide bill No.0000288772 dated 14.09.2022. The complainant sent legal notice on 19.10.2022 and demanded Rs.5240/- back. Then the OP asked the complainant to send back bill, which sent by complainant by regd. Post,

but there is no proof of registered post placed on record by the complainant. The OP did not reply to the legal notice, then complainant came to Commission for recovery of amount paid by the complainant.

6.                By going through the facts of the case, it has come to notice that the complainant has not placed on record the order by which he demanded the Vokin Biotech Herbal Insulux from OP. Secondly no proof of payment made by complainant to the OP has been produced by the complainant. Moreover, at the time of receiving the wrong delivery, complainant has not raised the objection immediately nor asked OP to take back the wrong product. The legal notice was sent after about one month of receiving the wrong product. There is no correspondence of the complainant with the OP regarding receiving the wrong product and demanding refund. So, complainant could not prove the deficiency in service on the part of the OP, hence the complaint is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

7.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj     

23.10.2024         Member                          Member           President