Date of filing:- 17/06/2023.
Date of Order:-19/03/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 68 of 2023.
Shibani Panda, C/o Kishor Chandra Panda, resident of Flat No. 3/6, Third Floor, Saraswati Tower, Bargarh, Po/Ps. Bargarh, Dist. Bargarh
..... .... ..... Complainant.
-: V e r s u s :-
- Raymond Limited, through its Chairman, At New Hind House, Narottam Morarjee Marg, Ballard Estate, Mumbai, Maharastra, Pin-400001.
- MG Fashion, Through its owner, Bandutikra Chowk, Old NH-6, Bargarh, Po/Ps. Bargarh Dist. Bargarh. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri S.Panda, Advocate.
For the Opposite Party No.1(one) :- Sri S.K.Panda, Advocate.
For the Opposite Party No.2(two) :- Himself.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.19/03/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is an Advocate by profession and has purchased a black colour blazer/cloth from the Opposite Party No.2(two) on Dt. 06-03-2021 and had paid amount of Rs.1,986/-(Rupees one thousand nine hundred eighty six)only vide Tax Invoice No. S20/1916. The Opposite Party No.1(one) is a private limited company which deals with textiles all over the India including Bargarh and Opposite Party No.2(two) is the authorized retail outlet of the Opposite Party No.1(one). The Complainant after using for some months found the blazer/coat was discoloured and for the said reason lodged a complaint before Opposite Party No.2(two) on dt. 04-10-2022 for exchange/refund. The Opposite Party No.2(two) told the Complainant that the Complaint will be sent to Area Operations Executive but the Opposite Party No.2(two) did not informed any information till 30-10-2022. When the Complainant enquired the Opposite Party No.2(two) said that the Area Operations Executive has rejected the claim as the blazer/coat is more than one and half-year old garment. The Complainant has sent legal notices to the Opposite Parties Dt. 12-01-2023 to exchange her blazer/coat or refund the purchase amount but the Opposite Parties remained silent.
Being aggrieved by the act of the Opposite Parties this complaint petition is filed by this Commission before this Commission praying that Opposite Parties be directed to exchange the blazer/coat cloth and payment of Rs.3,000/-(Rupees three thousand)only i.e. the stitching charges of the coat to the Complainant or to refund Rs. 4,986/-(Rupees four thousand nine hundred eighty six)only i.e. the purchase value of the blazer/coat and stitching charges with interest to the Complainant along with a compensation of Rs. 50,000/-(Rupees fifty thousand)only besides the cost of litigation.
2) The case of the Opposite Party No.1(one) is that the Opposite Party No.1(one) has filed its version and submitted that the Complainant had filed the complaint in respect of fading of the colour of the blazer after about 1.5 years from the date of purchase. The said blazer was purchased on dt. 06-03-2021 from the Opposite Party No.2(two) and the first communication was made to the Opposite Party on dt. 04-10-2022. The Complainant is an advocate and admittedly used the product the blazer on a daily basis. The invoice contains the terms and conditions which governs the sale of the product/fabric. Accordingly to the terms and conditions if the Complainant was unhappy with the quality of the product, she can approach to the Opposite Parties within 10(ten) days from the date of sale. In certain conditions the Opposite Party No.1(one) also accepts return of the sold products after the period of 10(ten) day is over but the additional period is all cases does not beyond the period of 90(ninety) days. The complaint is filed after almost 1.5 years from the date of purchase and the Opposite Party No.1(one) has no privity of contact with Complainant regarding the discolouration of product after more than 1.5 years from the date of purchase. There is no deficiency in service on the part of Opposite Party No.1(one). The case to be dismissed against Opposite Party No.1(one).
3) The case of the Opposite Party No.2(two) is that the Opposite Party No.2(two) has filed its version and submitted that the Complainant has purchased a black coloured polywool cloth from Opposite Party No.2(two) dt.06-03-2021 for an amount of Rs. 1,986/-(Rupees one thousand nine hundred eighty six)only. As per the terms and conditions “Complaint relating to the purchased cloth shall be entertained within 10(ten) days from the date of sale only upon 10(ten) upon submission of proof of purchase”. The Complainant never made any complaint regarding any defect of the cloth within the stipulated period, the Opposite Party never offered any Warranty/Guarantee relating the cloth beyond 10(ten) days. The Complainant had never made any within complaint regarding the issue but with oral approach, the Opposite Party has brought the fact to the notice of Opposite Party No.1(one). There is no deficiency in service on the part of the Opposite Party No.1(one), the case to be dismissed against Opposite Party No.1(one).
4) Perused the documents as well as oral submissions filed by the Parties and following issues are framed:-
Issues
- Whether the Opposite Parties are deficient in their service ?
- Whether the Complainant is entitled for relief claimed ?
Issue No.1(one)
5) It is an admitted fact that the aforesaid blazer cloth was purchased on dt. 06-03-2021 and accordingly the Complainant paid Rs. 1,986/-(Rupees one thousand nine hundred eighty six)only to Opposite Party No.2(two) after using for some months the blazer cloth become discoloured for which complaint was registered. The Opposite Party No.1(one) denied to replace or refund the price of blazer cloth as the blazer cloth bought was bout 1.5 years old.
6) In the present case the Complainant has questioned the quality of the garment and lodged complaint for replacement/refund of the blazer. The Opposite Parties have submitted their terms and conditions, where the complaint regarding the purchased cloth shall be entertained within 10(ten) days, the Opposite Parties never offered any warranty/guarantee relating the cloth beyond 10(ten) days. If the replacement policy of the Opposite Parties are so specific, then it is the duty of the Opposite Parties to mention the manufacturing date of the blazer cloth in the bill. The Opposite Parties have not uttered a single word on the date of manufacturing of the blazer cloth. It is impossible to judge the quality of a garment within 10(ten) days. The Opposite Party is silent about the discolouration of the blazer. It is the duty of the Opposite Party to consider the case. But the Opposite Party totally denied. The Opposite Parties have supplied defective piece of garment which amounts to deficiency in service on the part of the Opposite Parties.
Issue is answered accordingly.
Issue No.2(two)
6) As per supra discussion, the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
7) The Complaint is allowed on contest against the Opposite Parties. The Opposite Parties are jointly and severally directed to refund the price of blazer cloth Rs. 1,986/-(Rupees one thousand nine hundred eighty six)only along with Rs. 5,000/-(Rupees five thousand)only for compensation and Rs.2,000/-(Rupees two thousand)only towards litigation expenses to the Complainant within one month of this order, failing which the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.19/03/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
