Delhi

East Delhi

CC/521/2015

SHAKILUR RAHMAN - Complainant(s)

Versus

ASHOK BRAND - Opp.Party(s)

21 Oct 2016

ORDER

                  DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         521 / 2015

                                                                                                  Date of Institution                  16/07/2015

                                                                                                  Order Reserved on                 21/10/2016

                                                                                                  Date of Order                          24/10/2016   

                                                                                                        

In matter of

Mr  Shakilur Rehman, adult 

R/o J 3/43 J, Extn.

Kishan kunj, Laxmi Nagar

Delhi 110092.……………….……..…………….Complainant

                                                                  

                                                                     Vs

 

1-Ashok Kumar Bnsal

& Rahul Bansal

F 144D, Main Market,

Laxmi Nagar, Delhi 110092……………………...………………………  Opponents

 

Complainant……………………………………In  Person

Opponent ……....……………………………..Ex Parte

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                    

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case              

Complainant purchased a yellow color suit from OP shop on 11/07/2015 at night at about 9.30pm for a sum of Rs 2500/ vide cash memo no. 7204. On the next day in the daylight, complainant saw that the color of the said suit was different then what he saw in the night, so he went to OP shop and told about the colour of his suit as dirty and an old one. So, he demanded his money back after some deduction, but OP did not replied satisfactory and even on repeated call from his own mobile, no response was given. When complainant did not get any reply, filed this complaint claiming the refund of his suit cost Rs 2500/- with harassment Rs 5000/.

Notice was served but none appeared from OP nor submitted written statement5. Even on next dates of hearing, none appeared from OP, so case proceeded Ex Parte. Later, Op filed his written statement but due to expiry of statutory limitation to file written statement, written version was not taken on record. No evidences on affidavit were filed by Complainant. Complainant put his appearance on the date of arguments but, did not submitted evidences on record, despite giving ample opportunity to complete the proceedings.

File was perused and order was reserved. It was seen that complainant had purchased on yellow color suit from OP at late evening at 9.30pm. By seeing the cash memo, the actual price was written to Rs 2800/- but OP had given concession of Rs 300/- and net Rs 2500/- was paid by complainant. The cash memo contains terms and condition also. The terms and condition no. 2 states that “NO guarantee for color and embroidery work besides any refund after alteration would be done.”

Complainant had not filed any concrete evidence to show that the color was different then he purchased at night and it was dirty.

Thus, we are of the opinion that the complainant has failed to prove OP unfair trade practice and deficiency in service where the color of suit was different or had gone faded. It is quite obvious that light colour clothes purchased at late evening at 9.30 pm, would appear in different colour, the OP had given concession of Rs 300/- in his bill.

 

 

Hence, there are no merit in the complainant and deserve to be dismissed, so dismissed without cost.

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

Mrs   Harpreet Kaur                                                                                  (Dr) P N Tiwari

Member                                                                                                     Member                                                                                    

                                                 Shri Sukhdev Singh

                                                             President