Haryana

Kurukshetra

CC/338/2021

Jitender Pal S/o Raj Kumar - Complainant(s)

Versus

Om Pal - Opp.Party(s)

Arun Kumar Sharma

16 May 2024

ORDER

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, KURUKSHETRA

 

                                             Complaint No. 338 of 2021

Date of institution: 09.11.2021

                                Date of decision: 16.05.2024

 

 

Jitender Pal son of Shri Raj Kumar, resident of H. No. 60/3, Mahavir Colony,Ladwa, District Kurukshetra.

                                                                        ...Complainant

                                           Versus

 

1.     Om Pal, President Kashyap Dharamshala, Kurukshetra(Whatsapp and Mobil No.92159-99982.

2.     Naresh Kumar, Driver Haryana Roadways, Kurukshetra resident of Behind Doon School, Ward No.1, Ladwa,District Kurukshetra.

3.     Rajbir Singh Chahal, resident of Kaithal, (Whatsapp and Mob. No. 92152-26931.

4.     Jagdish Bajwa, resident of Pehowa, (Whatsapp and Mob. No.99965-34575.

5.     Renatus Wellness Pvt. Ltd. 2^nd Floor, #40, Santosha Nilya, VES Convent School Road, Gervebhavipalya, Bommanahalli, Banglore-560068, Karnatak.

(Email ID:- info@renatuswellness.net).

…Opposite Party                                

Complaint under Section 35 of Consumer Protection Act 2019.

 

                

•  

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

 

 

•  

OPs No. 1 & 2 deleted.

OP No.3 given up.

OPs No. 4 & 5 ex parte.

 

•  

 

                        Briefly stated, it is the case of the complainant he and his wife were suffering from Prostate disease and Sugar disease respectively. It is alleged by the complainant that the OP No.1 invited to him to his house telephonically call, where the Ops No.1 & 3 ensured about Renatus Capsulesm which was manufactured by the OP No.5. The complainant further alleged that that on 07.01.2021, OPs No. 1 & 4 came to his house and gave 10 bottles of Rentus Capsules by telling about said capsules, pursuant to which, he paid Rs.10,000/- to OP No.3 through online and  500/- in cash.  The complainant further alleged that he and his wife had started taking two capsules twice in a day.  The complainant had also taken two bottles from OP No. 4 for his friend and he paid Rs. 2,160/- to the account of OP No. 4., but the pain of he and his wife had been increasing day by day and, therefore, on 26.02.2021, they visited to the LNJP Hospital, Kurukshetra for conducting their Ultrasound and as per the ultrasound report, the prostate had been increased in 55 CC instead of 33 and on 6.04.2021, it was increased 60 CC and PSA increased 74.733.  Thereafter, the complainant further alleged that the complainant contacted the OPs No. 1 to 4 and told them about increasing the disease, pursuant to which, they advised them to take double dose of the medicine and send some videos of other people on Whatsapp.  It is further alleged by the complainant that complainant went to PGI, Chandigarh and MRI had been conducted. In the said report, it has been clearly showed that the Prostate gland had been dangerous and the doctors of PGI, Chandigarh advice for Pet Scan and Biopsy test and he conducted the said test on 13/14.08.2021, which had prostate cancer and infection had been spread in Kidney and Lungs and sugar of his wife had increase 300 to 350 instead of 170 and the doctors prescribed for operation of Prostate Cancer and expense of medicine is Rs.2.5lac.  The complainant send his complaint by E-mail to the OP No.5 for fraud, cheating the reaction of medicine and reminder as also send on 24.03.2021,  17.04.2021, 19.04.2021, 24.04.2021, 21.08.2021, but to no avail.  The above act and conduct of Ops, amounts to deficiency in service, on their part, due to which, they suffered huge mental agony, physical harassment and financial loss, constraining them, to file the present complaint against the OPs.  Hence, this complaint.          

2.             Upon notice, the OPs No. 4 & 5 have proceeded ex parte vide order dated 31.01.2024, while OP No. 3 is given up and OPs No. 1 & 2 deleted from the array of the parties.                                 

3.             In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Ex.C1 to Ex.C28.

4.             We have heard ld. counsel for the complainant and perused the case file carefully and minutely and have also gone through the evidence led by the counsel of the complainant.

5.             Complainant has argued that he and his wife were suffering from Prostate disease and Sugar disease respectively. It is alleged by the complainant that the OP No.1 invited to him to his house telephonically call, where the Ops No.1 & 3 ensured about Renatus Capsulesm which was manufactured by the OP No.5. The complainant further alleged that that on 07.01.2021, OPs No. 1 & 4 came to his house and gave 10 bottles of Rentus Capsules by telling about said capsules, pursuant to which, he paid Rs.10,000/- to OP No.3 through online and  500/- in cash.  The complainant further alleged that he and his wife had started taking two capsules twice in a day.  The complainant had also taken two bottles from OP No. 4 for his friend and he paid Rs. 2,160/- to the account of OP No. 4., but the pain of he and his wife had been increasing day by day and, therefore, on 26.02.2021, they visited to the LNJP Hospital, Kurukshetra for conducting their Ultrasound and as per the ultrasound report, the prostate had been increased in 55 CC instead of 33 and on 6.04.2021, it was increased 60 CC and PSA increased 74.733.  Thereafter, the complainant further alleged that the complainant contacted the OPs No. 1 to 4 and told them about increasing the disease, pursuant to which, they advised them to take double dose of the medicine and send some videos of other people on Whatsapp.  It is further alleged by the complainant that complainant went to PGI, Chandigarh and MRI had been conducted. In the said report, it has been clearly showed that the Prostate gland had been dangerous and the doctors of PGI, Chandigarh advice for Pet Scan and Biopsy test and he conducted the said test on 13/14.08.2021, which had prostate cancer and infection had been spread in Kidney and Lungs and sugar of his wife had increase 300 to 350 instead of 170 and the doctors prescribed for operation of Prostate Cancer and expense of medicine is Rs.2.5lac.  The complainant send his complaint by E-mail to the OP No.5 for fraud, cheating the reaction of medicine and reminder as also send on 24.03.2021,  17.04.2021, 19.04.2021, 24.04.2021, 21.08.2021, but to no avail. 

6.             Respondent did not appear. Hence, OP No.4 & 5 ex parte. Name of OPs No. 1 & 2 are deleted while OP No.3 given up. Hence, the case was proceeded ex parte. In ex parte evidence, complainant tendered the affidavit which is Ex. CW1/A and documents are Ex C-1 to Ex.  C-28 which proves the averments/contents of the complainant to the effect that due to wrong medicines given by respondents, prostate of the complainant was increased to 55 CC instead of 39  on 26.02.2021 and  Prostate was again increased to  60 CC on 06.04.2021 and PSA was also increased to 74.733. Due to this reason, complainant had to go to PGI, Chandigarh and MRI was done on 06.07.2021 in which the report regarding prostate was very dangerous and later it  become prostate cancer and  infection was brought in Kidney and Lungs and Sugar of his wife Bhawna was 300 to 350 instead of 170. It has been amply proved that Ops No. 1 to 5 committed fraud and cheating with complainant and his wife.  The fee of the operation of the Cancer was 2.5 lacks along with other expenses of medicines. 

7.             In view of the aforesaid discussions, the assured amount of Rs.12,660/- along with 9% penal interest within 45 days from today be given to the complainant. The OPs are directed to pay compensation of Rs.1,00,000/- are awarded to the complainant for mental harassment and agony. The complaint is accepted ex pare with costs which is assessed Rs.11,000/-. 

8.             In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open 16.05.2024

 

                                                           (Dr. Neelima Shangla)            

                                                               President,

                                                               DCDRC, Kurukshetra.

 

(Neelam)                (Ramesh Kumar)

Member                   Member