Haryana

Ambala

CC/271/2018

Kamalpreet Kaur - Complainant(s)

Versus

A.K.R Fabrics - Opp.Party(s)

N.S. Malhotra

16 Aug 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

          Complaint case No. 271 of 2018.     

  Date of Institution: 21.08.2018  

Date of decision:   16.08.2021.

Kamalpreet Kaur w/o Harpreet Singh r/o H.No.87, Virat Nagar, Phase-1, Model Town, Panipat, Haryana.

                                                                                      ..Complainant.

           Versus

1.       A.K.R. Fabrics C/o Rashi Saree, Near Pooja Saree Complex, Kalka   Chowk, Ambala City through its Authorized signatory.

2.       Authorized Signatory of A.K.R Fabrics C/o Rashi Saree, Near Pooja           Saree Complex, Kalka Chowk, Ambala City.

                                                                                      …Opposite parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Sh. N.S. Malhotra, Advocate, counsel for complainant.

Shri A.S. Guliani, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay Rs. 17,000/- alongwith interest @ 24 % per annum w.e.f 31.08.2016, till its realisation.
2. To pay Rs.50,000/- as compensation for mental agony and physical harassment suffered by complainant
3. To Pay Rs. 10,000/- as litigation expenses.

                    

 

Brief facts of the case are that the marriage of the complainant was solemnized on 09.10.2016. For the purpose of her marriage ceremony, complainant purchased a dress worth of Rs.17,000/- from the OP, vide receipt/cash memo No.6456 dated 31.08.2016.  OPs assured that they will provide the said dress before 22.09.2016 but failed to provide the same. Thereafter, complainant approached Ops several times, but they did not provide the dress even after 22.09.2016 and lingered on the matter, on lame excuses. As the day of marriage of complainant was coming nearer, Complainant had no other option but to purchase another dress worth of Rs.12,600/- from Ganesh Arts. The OPs had not provided the dress till the date of the marriage, as such the purpose of purchase the said dress got defeated. Thereafter, complainant approached the OPs several times and requested to return the amount paid by her for the said dress. But the OPs lingered on the matter on one pretext or the other. By not providing the dress, the OPs have committed deficiency in services.  Hence, the present complaint.  

2.                 Upon notice, the OPs appeared through counsel and filed written version, stating therein that complainant collected the dress before 22.09.2016, from the OPs, after full satisfaction. Once the complainant had collected the dress from the OPs then there was no occasion for the complainant to visit the OPs time and again.  Ops had given reply to the legal notice received from the complainant. The rest of the allegations levelled by the complainant were denied for want of knowledge and prayer has been made for dismissal of the present complaint with costs.  

3.                The ld. counsel for the complainant tendered affidavit of complainant as Annexure CA alongwith documents as Annexure C-1 to C-4 and closed the evidence on behalf of complainant. However, it is pertinent to mention here that the OPs failed to lead any evidence despite availing various opportunities, therefore, evidence of the OPs have been closed by the order of this Commission on 12.03.2021.

4.                We have heard the learned counsel for the parties and carefully gone through the case file    

5.                 Annexure C-1, is the invoice dated 31.08.2016, whereby complainant purchased a dress for Rs.17,000/- from the OPs. On the said invoice, the delivery date has been mentioned as before 22^nd September. The learned counsel for the complainant has argued that the complainant purchased a dress from the OPs, to wear on her wedding day, which was to be solemnized on 09.10.2016. OPs promised to deliver the said dress to the complainant before 22.09.2016, but they did not do so. On the contrary, the learned counsel for the Ops has argued that the complainant collected the dress before 22.09.2016, from the OPs, after full satisfaction. Once the dress has already been delivered to the complainant then she has no occasion to file the present complaint. Facing with this situation, we are of the view that onus is on the OPs to prove that the complainant had collected the dress in question from the OPs before 22.09.2016. However, no such document has been adduced by the OPs to prove this fact. Thus, in the absence of any documentary evidence, it cannot be presumed that the complainant has collected the dress in question from the OPs before 22.09.2016.  In this view of the matter, we find force in the complaint filed by the complainant. Accordingly, we allow the same and direct the OPs, in the following manners:-

1. To pay Rs.17,000/-, the cost of the dress in question, to the complainant.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation charges.

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 5% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :16.08.2021.

 

     (Vinod Kumar Sharma)            (Ruby Sharma)     (Neena Sandhu)              Member                                 Member             President