Haryana

Kurukshetra

CC/496/2019

Naresh Kumar - Complainant(s)

Versus

Arvind lifestyle - Opp.Party(s)

Rajesh Kaushik

01 Dec 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

Complaint No.496 of 2019

Date of Instt.:14.11.2019

Date of Decision:1.12.2021

 

Naresh Kumar (since deceased) son of Sh.Prem Nath resident of village & P.O.Bhainsi  Majra ,Tehsil Pehowa District Kurukshetra.

i)      Sushma Sharma Widow

ii)      Vikash Bhardwaj (son) all residents of village and post office Bhaisni Majra,Tehsil Pehowa, District Kurukshetra.

 

                                                                        …….Complainant.                                              Versus

 

1.Arvinder Lifestyle Limited,EH-KESSEL MALL-KURUKSHETRA SHOP NO.6-41, GROUND FLOOR, KESSEL MALL, situated at Sector 17, Kurukshetra, PIN CODE – 136118.

 

2.Arvinder   Lifestyle Brands Limited, Ahmedabad, Naroda Road, Near Chamunda Bridge, Ahmedabad – 380 025 Gujarat India.

                ….…Opposite parties.

 

                Complaint under Section  35 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Shri Issam Singh Sagwal, Member.

                   Ms.Neelam Member.

                 

Present:     Sh.Rajesh Kaushik Advocate for the complainant.

                 Ops ex parte.

ORDER

                  

                 This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by Naresh Kuma(Since deceased)   against Arvinder  etc -the opposite parties.

 

2.             The brief facts of the complaint  are that the  complainant  Naresh Kumar (since deceased) purchased one Jacket from OP No.1 vide invoice No.000144 bill NO.3404/1/3593 for sale consideration of Rs.6500/- on 19.11.2018 and OP No.1 assured the complainant (since deceased) about the good quality and durability of the jacket. In the marriage of his friend, the complainant worn the  said Jacket and after wearing the same, it was found defective/faulty  due to which the complainant(since deceased) could not wear the same in the marriage. The complaint was made regarding the defect in the jacket on the same day to the OPs which was reported/registered  at Sr.N.11535. At the same time, the Ops have assured the complainant(since deceased) to bring the defective piece of jacket within the period of 90 days and thereafter it will not be replaced. After some time, the complainant(since deceased) approached the Ops within the period of limitation for replacement of the jacket but at that time  the Manager of the OP No.1 has flatly refused to replace the jacket of the complainant (since deceased).  On 30.01.2019, the complainant(since deceased) send a mail to the OP No.2 and asked about the replacement but the OP No.2 did not gave any response. Thereafter, the complainant(since deceased) made an e-mail on 4.2.2019 to the OP  but nothing was done. The OP No.1 and 2 did not pick up the call of the complainant(since deceased) and the OP No.1  has clearly refused to exchange the jacket or to refund the amount which amounts to deficiency in services on the part of the Ops. Thus, the complainant(since deceased) has filed the present complaint alleging deficiency in services and prayed for refund of cost of the jacket i.e. Rs.6500/- alongwith interest and compensation.

 

 

3.             Notice of the complaint was given to the Ops. Appeared and the case was fixed for filing of the written statement. But later on Ops failed to appear and contest the case. Therefore, Ops were  proceeded against ex parte vide order dated 3.3.2021.

 

4.             Thereafter, the complainant died and his legal heirs and on the application dated 6.10.2021, his legal heirs Smt.Sushma  Sharma wife and Vikash Bhardwaj son were brought on record.

 

5.             The complainant (since deceased) in support of their case have filed  affidavit Ex.CW1/A and Ex.CW2/A and tendered documents Ex.C-1 to Ex.C-5 and closed their evidence.

 

6.             We have heard the learned counsel for the parties and gone through the material available on the case file.

 

7.             The learned counsel for the complainant(since deceased) has argued that Naresh Kumar purchased one Jacket from OP No.1 vide invoice No.000144 bill NO.3404/1/3593 for sale consideration of Rs.6500/- on 19.11.2018 and OP No.1 assured the complainant(since deceased) about the good quality and durability of the jacket.  It is further argued that the marriage of his friend, the complainant(since deceased) worn the  said Jacket and after wearing the same, it was found defective/faulty  due to which the (since deceased) could not wear the same in the marriage. The complaint was made regarding the defect in the jacket on the same day to the OPs which was reported/registered at Sr.N.11535. At the same time, the Ops have assured the complainant(since deceased) to bring the defective piece of jacket within the period of 90 days and thereafter it will not be replaced. It is also argued that after some time, the complainant(since deceased) approached the Ops within the period of limitation for replacement of the jacket but at that time the Manager of the OP No.1 has flatly refused to replace the jacket of the complainant(since deceased).  On 30.01.2019, the complainant(since deceased) send a mail to the OP No.2 and asked about the replacement but the OP No.2 did not gave any response. Thereafter, the complainant(since deceased) made an e-mail on 4.2.2019 to the OP  but nothing was done. The OP No.1 and 2 did not pick up the call of the complainant(since deceased) and the OP No.1  has clearly refused to exchange the jacket or to refund the amount which amounts to deficiency in services on the part of the Ops.

 

8.             The version put forwarded on behalf of the complainant(since deceased) that Naresh Kumar purchased one Jacket from OP No.1 vide invoice No.000144 bill No.3404/1/3593 for sale consideration of Rs.6500/- on 19.11.2018 and OP No.1 assured the complainant(since deceased)about the good quality and durability of the jacket. But the said jacket was found defective and the Ops failed to replace the same despite sufficient requests on behalf of Naresh Kumar and also refused to refund the amount of Rs.6500/- to  Naresh Kumar, completely goesd unrebutted and unchallenged.Therefore, it is established that Jacket purchased for Rs.6500/- by Naresh Kumar was defective and the Ops neither replaced the same nor refunded the cost of the Jacket. Therefore, deficiency in services on the part of the Ops is made out  and the complainant(since deceased) are entitled for refund of Rs.6500/- alongwith interest and compensation.

 

9.             In view of our above discussion and findings, we accept the present complaint and direct the Ops to

 

i).             To make the payment of Rs.4500/- (out of Rs.6500/-) to Smt.Sushma Sharma Complainant(since deceased) alongwith interest @ 6% per annum from thedate of filing of the present complaint i.e. 14.11.2019 till its actual realization.

ii)              To pay Rs.5000/-in lump sum as compensation to the complainant no.1. Smt.Sushma Sharma wife of complainant  (since deceased)

 

iii)             To pay Rs.2500/- ( out of Rs.6500/-) to Vikash Bhardwaj son of complainant Naresh (since deceased)alongwith interest @ 6%  per annum from the date of filing of the present complaint i.e. 14.11.2019  till its actual realization. The total amount alongwith interest to be paid to minor Vikash Bhardwaj, be deposited in some national bank in the shape of FDR and be given to him only on attaining of majority.

 

                The Ops are further directed to make the compliance of this order within a period of 30 days from the date of this order, failing which the complainants shall  be at liberty to initiate proceedings u/s 71 of the Consumer Protection Act. Certified copy of this order be supplied to the parties and the file be consigned to the record room after due compliance.

 

Announced in the open Commission.

Dated 01.12.2021.                                              

                                                                                President.

 

 

                                Member             Member.