Legal Question in Consumer Law in India

I had ordered a Botanical medicine called Neoplasene 300 (to be orally administered) from an US based company called Buck Mountain Botanicals,with its offices in Montana. The company run by a Dr T Fox (PHD) takes orders over phone & I had initially called him on the number given on their website.

He had told me to send a prescription from my vet and it will cost me 500 USD plus postal charges.

I sent the prescription by email and gave him my credit card number to charge the amount to my card. I received an email saying my card has been refused and he does not want to hear from me.I was surprised since I definitely had enough credit limit on my account and there was no possible way that the transaction could have been rejected,as i had checked with my bank before giving him the card number.My credit card company informed me that Buck Mountain Botanicals had tried to withdraw a sum of 1800 USD,not 500 USD and since i had about 1700 USD limit at the time on my card,obviously it was rejected.

Dr Fox stopped taking my calls and did not reply to my emails.

I desperately needed the medicine for my dog who is suffering from cancer.

After a few days Dr Fox sent a email addressed to my vet saying he will give the medicine to him only.

My vet called him and ordered the medicine himself.

A transaction of 775USD was made on my vet's credit card,though no consignment number was given to him.

The prescription sent to Buck Mountain Botanicals had clearly specified and my vet himself had informed Dr Fox that we require oral medicines for the dog.

When the package arrived by Fed Ex and we had paid a customs duty of additional 203 USD we discovered that they have sent us completely useless creams and balms,which is of no use for my dog's treatment.

There is one bottle of the oral medicine, that was ordered,mentioned in the invoice,but that also has not been sent.Instead there is a bottle of some injectible medicine,which is also completely useless.

I have spent 1000 USD already and yet do not have the medicine that is urgently required to save the dog's life.

My vet have called and written to Dr Fox,but has not received any reply at all.

Can i file a case against this organisation and Dr Fox?

If yes,then under what section of US Law? How can i go about it?

Thanking you,

Anindita Sarbadhicari

Asked on 10/08/09, 10:25 pm

1 Answer from Attorneys

Seshadri Srinivasan www.lawconcern.com
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You can file the consumer case and a criminal case in India as it will be cost and relief wise more effective for you. This can be done after a due notice to the said party.

I am surprised that you paid him on a second attempt through your Vet even though he tried to cheat you in the first attempt. Anyway, now point 1 is your process for relief.

Email me:

helpdesk@lawconcern.com

madraslawyer@yahoo.co.in

regards

Seshadri Srinivasan

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Answered on 10/09/09, 3:50 am

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