Order-10.

Date-06/05/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he purchased a “Leader Brand” cotton pant on 27-09-2014 from OP AMBAR on payment of Rs.450/- but after using for only 7 days damages appeared on the high.  Subsequently, it was replaced but again just after use for a week similar damages were found when complainant again went to the OP for exchange on 11-11-2014.  Shopkeeper asked him that it shall be changed from the Company and so, complainant was asked to go on 17-11-2014 but on that date they stated that it is not possible to exchange and insulted the complainant and asked the complainant to go out because no further exchange can be made and in fact in such sort of deficient and negligent manner of service and also for selling such damage pant complainant has filed this complaint for proper relief and for redressal.

          Notice was duly served upon the OP and on behalf of AMBAR (OP) one Rohit Gupta appeared and submitted a written version on 01-04-2015 and admitted the fact that the pant was purchased by the complainant on Rs.450/- on 27-09-2014.  Thereafter, damage in the pant was detected and it was replaced but again damage was detected in the said pant but OP told the complainant that second time replacement cannot be made by the Company so, they are unable to replace and that was reported to the complainant for which complainant became furious and showed his anger but in fact, OLP has nothing to do when company is not willing to replace for the second time replacement and prayed for dismissal of the complaint.

Decision with Reasons

Considering the materials on record including written version and further the allegation of the complainant we have gathered that OP has admitted the fact that has disclosed in the complaint and admitted position is that complainant purchased the said pant on payment of Rs.450/- from the shop of the OP but damage was found in the said pant for which it was exchanged by the OP and the exchanged pant was also found damage and that was also admitted by the OP but OP has tried to convince that they are selling the Company’s pant and it is no doubt a fault of the Company but Company is unwilling to replace the same so, they are unable to replace it but most interesting factor is that the seller is the OP and he sold it at a price of Rs.450/- and invariably a seller must not have to sell any article containing damage to the customer after receipt of maximum price and admittedly OP received Rs.450/- but sold a damaged pant that was first time exchanged and that pant was again damaged which was admitted by the OP.  So, it is the legal duty on the part of the OP to replace the same but complainant has submitted that he is not willing to get further replacement when OP has harassed and for which complainant is entitled to get refund of Rs.450/- and fact remains OP has showed their audacity by saying that they are not willing to exchange it but that cannot be the conduct of a seller because it is the legal and bounden duty on the part of the seller (OP) to sell such item against the full payment of the price by the customer or consumer and not defective item but in this case it is proved that in both the cases they supplied defective item and that has been admitted by the OP.  So, OP is bound to refund Rs.450/- to the complainant and also for causing mental pain and agony and for throwing the complainant to the Forum to get the relief OP shall have to pay litigation cost of Rs.1,000/- and compensation of Rs.1,000/-.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.1,000/- against the OP.

          OP is directed to refund Rs.450/- to the complainant as price of the pant and also a compensation of Rs.1,000/- within one month from the date of this order failing which OP shall have to pay penal interest  at the rateRs.100/- per day till full satisfaction of the decree and if penal interest is collected it shall be deposited to this Forum by the OP.

          Even if it is found that OP is unwilling to pay the order of this Forum in that case OP shall be prosecuted u/s.27 of the C.P. Act, for which further penalty and fine shall be imposed upon them.