BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.
Complaint No: 677 dated 13.09.2017. Date of decision: 19.06.2018.
Mohd. Akhtar, Advocate son of Shri Mohd. Yusuf, resident of Inside Pakka Darwaja, Jamalpura, Malerkotla, Distt. Sangrur. ..…Complainant
Versus
- Aditya Birla Fashion & Retail Ltd., (formerly known as Pantaloons Fashion & Retail Ltd.), Regd. Office: 701-704, 7th Floor, Skyline, Icon Business Park, 86-92, Off Andheri, Kurla Road, Marol Village, Andheri East, Mumbai, Maharashtra, through its Director/M.D./Manager/ Authorized person.
- Madhura Fashion & Lifestyle, A Division of Aditya Birla Fashion and Retail Ltd., (formerly known as Pantaloons Fashion & Retail Ltd.), Regent Gateway, Plot no.5B, Doddankundi, Village KIADB, Industrial Area, ITPL Road, Bangalore, through its Manager/Authorized person.
- Planet Fashion, Shop no.18 and 19, 1st Floor, West End Mall, Ludhiana through its Store Manager/Incharge.
…..Opposite party
Complaint under Section 12 of Consumer Protection Act.
QUORUM:
SH. G.K. DHIR, PRESIDENT
SH. VINOD GULATI, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Complainant in person.
For OPs : Exparte.
ORDER
PER G.K. Dhir, PRESIDENT
1. Complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) filed by complainant by pleading that he along with his family members approached OP3 on 02.11.2016 for purchase of some clothes. OP3 is the authorized dealer of OP1 and OP2. Purchase of suit, shirt and tie box was made by paying amount of Rs.12,097/- because discount on account of Diwali festival of Rs.3,000/- given on chargeable amount of Rs.15,097/-. OP3 assured that the quality of the clothes manufactured by OP1 and OP2 is good and products are durable and defect free. Complainant used the said suit and shirt for one time only and during that time one person pointed out complainant as if cloth of pent was torn apart. Complainant felt ashamed and he changed the clothes. Thereafter, complainant approached OP3 with request to replace the pent, but OP3 procrastinated the matter by claiming that quality controller will visit the store and thereafter, complainant will be called. After wait for few days, again OP3 was approached with request to replace. OP3 misbehaved with complainant in presence of general public and flatly refused to replace the said suit with new one or to repay the price amount. However, OP3 retained the suit by issue of receipt. Defective suit has not been replaced and as such, by pleading deficiency in service on the part of OPs, prayer made for directing OPs to refund the amount of Rs.12,097/-. Compensation for mental harassment of Rs.50,000/- and litigation expenses of Rs.10,000/- more claimed.
2. OPs did not file written statement despite grant of last chance and many opportunities and as such, complaint was ordered to be proceeded ahead without obtaining of written statement. Today as well as on the last two dates of hearing, none turned up for OPs and as such, OPs proceeded exparte.
3. Complainant to prove his case tendered in evidence his affidavit Ex. CA along with documents Ex. C1 to Ex. C6 and then closed evidence.
4. Written arguments not submitted, but oral arguments addressed. Those were heard and records gone through carefully.
5. Purchase of suit along with shirt and tie box for amount of Rs.12,097/- proved through invoice Ex. C1. This invoice is issued by OP3. Though the total chargeable price was Rs.15,097/-, but discount due to Diwali offer of Rs.3,000/- was given for charging Rs.12,097/- from the complainant is a fact born from cash memo/invoice Ex. C1.
6. Contents of complaint and affidavit Ex. CA of complainant gets corroboration from receipt Ex. C2 regarding the fact that after tearing of the pent of the suit, the suit was deposited with OP3, a franchisee of OP1. So certainly deposit of the defective suit in question by complainant with OP3 is established by contents of Ex. C2. Legal notice Ex. C6 was served on OPs by the complainant through registered post, in respect of which postal receipts are produced on record as Ex. C3 to Ex. C5, but despite that suit not replaced and nor the price of the same refunded. Act of sale of defective suit and then non return of the same by OP3 is an act of unfair trade practice on the part of OP3. As the purchase of defective suit was made by complainant from OP3 and as such, privity of contract was between complainant and OP3 only. Complainant never approached OP1 and OP2 and as such, no contract was arrived at between complainant with OP1 and OP2. Being so complaint against OP1 and OP2 not maintainable and same is hereby dismissed.
7. After going through invoice Ex. C1, it is made out that discount on account of Diwali offer of Rs.3,000/- was given on total price of Rs.15,097/- i.e. @ 20% on all three purchased items. So if the price of the suit mentioned as Rs.9,999/- in Ex. C1, then virtually after discount of 20% thereon, complainant had to pay Rs.8,000/- because 20% of Rs.9,999/- comes to Rs.1,999.80 NP. So in view of non return of the suit in lieu of deposited defective one by complainant with OP3, OP3 liable to refund actually charged price of Rs.8,000/- to complainant along with interest thereon @6% per annum from the date of purchase namely 02.11.2016 (mentioned in Ex. C1) till actual payment. As complainant suffered mental harassment and agony and even has to file this complaint and as such, he is also entitled for compensation as well as litigation expenses, but of reasonable amount. Complaint against OP1 and OP2 is dismissed.
8. As a sequel of above discussion, complaint allowed against OP3 only with direction to him to refund the received price of Rs.8,000/- of the suit with interest @6% per annum w.e.f. 02.11.2016 till payment. Compensation for mental harassment and agony of Rs.3,000/- (Rupees Three Thousand only) and litigation expenses of Rs.2,000/- (Rupees Two Thousand only) more allowed in favour of complainant against OP3 only. Payment of compensation and litigation expenses be made to complainant by OP3 within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Vinod Gulati) (G.K. Dhir)
Member President
Announced in Open Forum.
Dated:19.06.2018.
Gobind Ram.
