Delhi

North

CC/114/2021

DR. APRAJITA LOHAN - Complainant(s)

Versus

ANIL BHATIA - Opp.Party(s)

DEEPAK KHATRI

02 Jun 2023

ORDER

District Consumer Disputes Redressal Commission-I

 (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 114/2021

 

Dr. Aprajita Lohan

D/o Sh. Suresh Kumar

R/o H. No. 1124, Sector-14

Hisar, Haryana-125001.                                                              …                             Complainant

 

                                                                                                Vs

 

Mr. Anil Bhatia

Prop. of M/s. Kala Creation

1882-83, 1^st Floor,

Gali Ghante Wali

Mahavir Bazar,

Opp. Haldiram, Chandni Chowk

Delhi-110006                                                                                                    …                Opposite Party      

         ORDER

02/06/2023

 

Ashwani Kumar Mehta, Member:

 

1.             The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the Complainant, who is a Doctor, booked a Green Colour gown for her Engagement Ceremony from the Opposite Party on 22.09.2020 against bill/ invoice no.2596 dated 22.09.2020 for amount of Rs.53,000/-. It was promised by the OP that the gown of the Complainant shall be prepared and delivered by 03.10.2020. Based upon the promises made by the Opposite Party, the Complainant called the Opposite Party on 29.09.2020 to reassure for the delivery of the gown she had ordered and the Opposite Party again re-assured and promised the Complainant for the timely delivery of Gown on 03.10.2020. On 03.10.2020, the Complainant took a leave from her emergency duty and travelled from Agroha to Delhi for collecting the Gown, but the Gown was not ready, as promised by the Opposite Party. When the Complainant agitated towards the lapse and delay in delivery of the said gown, the Opposite Party further undertook and promised again that the said Gown of the Complainant shall be positively delivered on 04.10.2020 by 01:30 PM and also mentioned that the gown is ready and is in the factory of the Opposite Party, which is located in Noida, Uttar Pradesh.

 

2.            It is further stated by the Complainant that she again made a call to the Opposite Party on 04.10.2020, for re-confirming the delivery of the gown but the Opposite Party mentioned that the Gown is still in the factory and he needs more time for the delivery. Despite the Opposite Party, being aware of the Complainant’s engagement date, failed to fulfil the promise for the timely delivery of gown made by the Opposite Party. On 04.10.2020, the Complainant obtained the factory address from the Opposite Party and reached at the factory premises as the Opposite Party were not giving any satisfactory reply to the complainant. On reaching the factory premises of the Opposite Party, the Complainant found that Gown was not ready and was not yet finalized. When the Complainant enquired as how much more time it will take for the completion of the gown, it was informed that the gown will be ready and will be delivered by 05.10.2020. On hearing this, the Complainant felt disheartened and her excitement and happiness towards her own engagement was converted into mental pain and stress. The Opposite party have not even made any arrangement of delivery of the gown to the Complainant even on 05.10.2020. The complainant to suffer immeasurable pain and sufferings as on the other hand various other essential and important work for the preparation of the function were also overlooked by the Complainant because of the false promises of the Respondent/ Opposite Party for the delivery of the gown. The Complainant was left with no option but to wait another one day to receive her gown which was again deferred for delivery for 06.10.2020 by 11:00 AM, but the Opposite party delivered the gown to the Complainant on 06.10.2020 at 03:00 PM instead of 11:00 AM. Due to the situations mentioned above, the Complainant has suffered a lot of mental trauma, agony & pain  and  has filed complaint before this commission praying  for :-

 

1. Directions to the opposite party to pay a sum of Rs.5,00,000/- to the Complainant towards compensation on account of mental tension, harassment, agony and deficiency in services; and
2. Award throughout cost of the complaint in favour of the Complainant and against the opposite party; and
3. Passing any other or further order which may be deemed fit, proper and expedite in favour of the Complainant and against the opposite party, in the interest of justice.

 

3.            Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did he send any communication despite service of the notice. Since the OP chose not to appear despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted. Therefore, the complaint has been examined on merits on the basis of the documents/evidences and material available on records which is sufficient to prove that the Opposite Party failed to deliver the gown on the promised date i.e. 03.10.2020, and thereafter on 04.10.2020, 05.10.2020 and 06.10.2020 till 03:00 PM also.  In view of these circumstances, we are of the considered view that the complainant has suffered directly due to deficient service of the OP (M/s. Kala Creation) in terms of the deficiency defined in the Act which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

               

4.            Therefore, we feel appropriate to direct the OP (M/s. Kala Creation) to pay Rs.25,000/-(Rupees Twenty Five Thousand only) as compensation to the Complainant, for causing mental pain, agony and harassment within 30 days from the date of this order. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @9% per annum from the date of expiry of 30 days period.

 

5.            Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 

 

                              ASHWANI KUMAR MEHTA                                                                DIVYA JYOTI JAIPURIAR

    Member                                                                                                  President

DCDRC-1 (North)                                                                                    DCDRC-1 (North)