Haryana

Kurukshetra

CC/326/2021

Krishna Nand Pandey S/o Rameshwar - Complainant(s)

Versus

Arvind Lifestyle Brands Ltd - Opp.Party(s)

H.S.handa

14 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL  COMMISSION, KURUKSHETRA.

                                                     Complaint Case No.326 of 2021.

                                                     Date of institution: 25.10.2021                                                                     Date of decision: 14.03.2022                                                    

                         

Krishan Nand Pandey son of Shri Rameshwar resident of house No.348, Sector 13, U.E.Kurukshetra, Tehsil Thanesar, District Kurukshetra.

                                                                …Complainant.

                        Versus

1.Arvind Lifestyle Brands Limited, DUPSTV Trwity 8^th Floor, 17 M.G.Road, Banglore-Karnataka, Pin Code 566000 through its Managing Director/Proprietor.

2. Arvind Lifestyle Limited, USPA Kurukshetra, shop No.G-41, Ground Floor, Kessal Mall, Sector -17, Kurukshetra  through its Manager/Proprietor.                

                                                           ….Opposite parties.

               

                Complaint u/s 35 of the Consumer Protection Act.

Before:      Smt. Neelam Kashyap, President.

                Sh.  Issam Singh Sagwal, Member.

       

Present:     Sh.H.S.Handa Advocate for the complainant.

                OP No.1 and 2 ex parte.

 

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 has been moved by Krishan Nand Pandey  against Arvind Lifestyle  etc.-Opposite Parties.

2.            It is stated in the complaint that from the advertisements ,the complainant came to know about the garments of the original brands being supplied by the  OP No.1. Therefore, the complainant purchased one Men shirt worth Rs.2499/- vide invoice no.2003053/001/21-22/00000331 dated 2.7.2021, The complainant paid all the payment to the Ops.  The Ops also gave warranty of the said shirt for on year in all respects. The complainant had to attend in a marriage party on 3.7.2021 and when he opened the shirt from the envelope to his surprise, the complainant saw that two buttons of the front side under the neck were missing and complainant was unable to wear the same in the marriage which caused mental agony, harassment and defamation to the complainant.  The complainant approached the OP No.2 over and again and requested to the Ops to return/change the same or refund the price of the said shirt but nothing has been done which amounts to deficiency in services on the part of the Ops. Thus, the complainant has filed the present complaint alleging deficiency in services on the part of the Ops and prayed for replacement of the shirt with a new one and to pay compensation of  the mental harassment caused to him and the litigation expenses.

 

2.             Notice of the complaint was given to the Ops but the Ops failed to appear and contest the case. Therefore, OP no.1 and 2 were proceeded against ex-parte vide order dated 21.12.2021 and order dated 13.01.2022 respectively.

 

3.             The complainant in support of his case has filed affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-4 and closed his evidence.

 

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

 

5.             Learned counsel for the complainant while reiterating the averments made in the complaint has argued that complainant purchased one Men shirt worth Rs.3499/- vide invoice no.2003053/001/21-22/00000331 dated 2.7.2021, The complainant paid all the payment to the Ops.  The Ops also gave warranty of the said shirt for one year in all respects.  It is argued complainant had to attend in a marriage party on 3.7.2021 and when he opened the shirt from the envelope to his surprise, the complainant saw that two buttons of the front side under the neck were missing and complainant was unable to wear the same in the marriage which caused mental agony, harassment and defamation to the complainant.

 

6.             The above version of the complainant completely unrebutted and unchallenged as the Ops have failed to contest the case and to rebut the version put forwarded by the complainant and have been proceeded against ex parte as discussed above. Therefore, it is established  that the complainant purchased one Men shirt from the OP No.2  for Rs.2499/- vide bill Ex.C-1 which was manufactured by OP No.1. The said shirt was not having two front buttons and as such the complainant could not be able to wear the same on the occasion of some marriage. This amounts to unfair trade practice  as well as deficiency in services on the part of the Ops. Therefore, the present complaint is liable to be accepted.

 

7.             In view of our above discussion and findings, we accept the present complaint and direct the Ops to refund the sum of Rs.2499/- i.e. cost of the Men shirt to the complainant. The Ops are further directed to pay the sum of Rs.5000/- in lump sum to the complainant as compensation for the mental harassment caused to him and the litigation expenses. The Ops shall make the compliance of this order within a period of 30 days form the date of preparation of certified copies of this order, failing which  the complainant shall be at liberty to initiate proceedings u/s 71 of the Consumer Protection Act. The complainant shall return the defective Men shirt to the Ops. Certified copy of this order be supplied to the parties concerned and the file be consigned to the record room after due compliance.

 

Announced in the open Commission.

Dated 14.3.2022.                                                        President.

 

 

                                        Member.