Haryana

Fatehabad

CC/21/2019

Mukesh Kumar - Complainant(s)

Versus

Amit Tailor Shop - Opp.Party(s)

Pardeep Jangra

10 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION; FATEHABAD.

 

Complaint Case No.21 of 2019.

Date of Instt.:07.01.2019.

Date of Decision: 10.05.2023.

 

Mukesh  Kumar son of Ram Singh resident of Mohammad Pur Sotter, Tehsil Ratia & District Fatehabad.

 

...Complainant

     Versus

Amit Tailors, Shop situated at Opposite PNB Street Ratia, Tehsil Ratia District Fatehabad through its Proprietor.

..Opposite Party.

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                             SMT.HARISHA MEHTA, MEMBER.                                              DR.K.S.NIRANIA, MEMBER.    

 

Present:       Sh. Pardeep Jangra, Advocate for complainant.

                   Sh. Rajpal Singh Dhaliwal, Advocate for opposite party.

                  

 

ORDER

SH.RAJBIR SINGH, PRESIDENT

 

                   The complainant has filed the present complaint against the Op with the averments that he had purchased three pair of Pant and shirts to attend a marriage in November, 2018. On 03.11.2018, the complainant handedover the clothes to Op who is running a shop under the name and style Amit Tailors, for getting the same sewed.  The sewing charges were Rs.2100/- (Rs.1200/- per suit sewing charges) and the complainant had deposited Rs.1500/- in advance with Op against a receipt dated 03.11.2018. The date of delivery was fixed as 10.11.2018.  The complainant visited the Op on the fixed date but the suits were not ready and he was asked to visit after 5 days. On 15.11.2018 the complainant visited the shop of the Op, though the dresses were ready but the size was not proper being very loose.  The Op admitted his mistake and assured for getting the dresses in proper size within three days. It has been further averred that on 06.01.2019, the complainant again visited the shop of the Op and asked for his dresses/pants and shirts but the Op replied that the clothes have been exchanged with someone else and he cannot provide the new clothes also. The complainant requested the Op to make the loss good by making a payment of Rs.5100/- but to no avail.  The act and conduct of the Op clearly amounts to deficiency in service on its part.  In evidence, the complainant has tendered affidavits Annexure CW1/A, Annexure CW2/A and documents Annexure C1 Annexure C5.

 2.               On notice, opposite party appeared and filed its reply wherein several preliminary objections such as cause of action, locus standi, suppression of material facts from this Commission and maintainability etc. have been taken. It has been further submitted that the complainant had visited the shop of the OP on 10.11.2018 for taking the delivery of three pair suits. The OP demanded balance amount of Rs.600/- but the complainant assured that the he will make the payment of balance amount of Rs.600/- by tomorrow as he was not having receipt/purse with him. On believing the assurance, the OP handedover the clothes to the complainant and demanded the balance amount several times but the complainant made excuses every time.  The complainant has filed the present complaint by misusing the receipt given to him. There is no deficiency in service on the part of the Op. Other contentions have been controverted and prayer for dismissal of the complaint has been made.  In evidence, the OP has tendered affidavits Annexure R1 to Annexure R5 and Ex.RW1/A.

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

4.                The complainant has come with the plea that the he had visited the shop of the Op for getting his three pair of pant and shirts stitched. The rate for stitching of one pair was fixed as Rs.1200/- and Rs.1500/- were deposited in advance by the complainant but the Op did not stitch the clothes properly and further the Op did not return the clothes by saying that the same have been exchanged with someone.  In support of his contentions, documents Annexure C1 to Annexure C5 besides affidavit of the complainant Annexure CW1/A have been placed on file.

5.                In the complaint, the complainant has specifically mentioned that three pair of pant and shirts were given to the Op for stitching and the rate for each pair was fixed as Rs.1200/- and Rs.1500/- were deposited in advanced out of the total amount. The pleas raised by the complainant are contradictory to the evidence led on his behalf because in Annexure C1 (invoice) issued by the Op Rs.2100/- have been mentioned for three pair of pant shirt which comes to Rs.700/- for each pair. Further the photographs Annexure C3 to Annexure C5 are not of any pant and shirt rather these are related to a ladies suit. Even the fact regarding giving of Rs.1500/- in advance has also not been mentioned in the invoice/bill Annexure C1.  It is worthwhile to mention here that in general also, no one gives advance amount for stitching of clothes; therefore, the version of the complainant is unbelievable. The pleadings put-forth by the complainant in the present complaint are not supported with any authentic evidence, therefore, we have no hitch to reach at a conclusion that the complainant has failed to produce on the case file any evidence/record to show that there was any deficiency in service and unfair trade practice on the part of Op. R

6.                On the basis of above mentioned discussion, we are of the considered opinion that there was no deficiency in service at all or any unfair trade practice, on the part of the Op, as alleged, so as to make it liable to any extent in this matter. Hence, the complaint is dismissed in view of the facts and circumstances stated above.  Both the parties are left to bear their own costs. A copy of this order be supplied to both the parties free of cost as per rules.  This order be uploaded, forthwith, on the website of this Commission, as per rules, for the perusal of the parties. File be consigned to record room, as per rules, after due compliance.

 

Announced in open Commission.                                                            Dated:10.05.2023

 

 

                                                                                                        

                   (K.S.Nirania)                      (Harisha Mehta)                      (Rajbir Singh)                                             Member                         Member                          President