Sri Ranjan Ray, Ld. Member       

FINAL ORDER/ JUDGEMENT

This complaint under C.P. Act, 1986 was initially filed against the Opposite Party (O.P.) – 1) Band Box, Bidhan Road, Siliguri, P.O. & P.S.: Siliguri, Dist.: Darjeeling, 2) The Manager, Band Box, Bidhan Road, Siliguri, P.O. & P.S.: Siliguri, Dist.: Darjeling. The O.P. No.1 declared ex-parte in this case and the O.P. No.2 contested the case by filing Written Version (W.V.).

                             The case of the complainant as per his complaint is as follows-

The complainant argued in her plaint that on 30.10.2013 she purchased 01 (one) number of ‘Sabby Sport Jacket’ of black colour from ‘Wills Life Style Store’ of I.T.C. Ltd., having its Outlet at Unique No. - 20 and 21, lower ground floor, Cosmos Mall, 2^nd Mile, Sevoke Road, Siliguri, after making payment of Rs. 3, 499/- (Rupees Three Thousand Four Hundred and Ninety Nine) only and accordingly ‘Wills Life Style Store’ had issued one retail invoice being No. #308103048 dated 30.10.2013 to her for purchasing the said jacket. The complainant also added that due to the black colour of the said jacket she did not use it since the date of its purchase and it was kept in the same packing condition by her without cutting its tag. The complainant also argued that to change the colour from black to deep maroon of her said jacket she selected the O.P.s as per their name and fame in the field of dyers, cleaners and launderers in Siliguri and on 28.10.2014 she handed over it to the O.P.s after getting clear assurance from them that the O.P.s would change the colour without damaging it. The complainant also argued that after handing over her said jacket to the O.P.s the O.P. No.2 issued one Cash Memo cum Invoice being No.- 1120 and charged Rs. 350/- (Rupees Three Hundred and Fifty) only for changing the colour and dying the said jacket and as per the rules of the O.P.s, the complainant immediately paid a sum of Rs. 350/- (Rupees Three Hundred and Fifty) only to the O.P. No.2.

The complainant also argued in her plaint that the delivery date of her said jacket was 03.11.2014 and as per the delivery date she went to the shop of O.P. No.2 to collect her said jacket but the O.P. No.2 requested her to come after 04-05 days, as the said jacket was not ready for delivery and in this way the O.P.s were started delaying to hand over her said jacket and like this on several dates the O.P.s called her to visit their shop to collect her said jacket but the complainant did not get her said jacket from them. The complainant also added that after lapse of near about 03 months the O.P.s told the complainant that her said jacket was somehow lost from their custody and also told the complainant that they would return back the price of the said jacket to her and after 15 days when the complainant went to the shop of the O.P.s the O.P.s conducted misbehave with her and did not return back the price of the said jacket to her and finally having no other alternatives the complainant lodged this case.               

The prayers of complainant are as follows :

1. To pass an order directing the O.P.s to pay a sum of Rs. 3, 499/- (Rupees Three Thousand Four Hundred and Ninety Nine) only along with 18% interest accrued thereon, on and from 28.10.2014 to till realization to the complainant.
2. To pass an order directing the O.P.s to pay a sum of Rs. 10, 000/- (Rupees Ten Thousand) only to the complainant for mental pain, agony and harassment.
3. To pass an order directing the O.P.s to pay a sum of Rs. 5, 000/- (Rupees Five Thousand) only to the complainant for punitive damages.
4. To pass an order directing the O.P.s to pay a sum of Rs. 10, 000/- (Rupees Ten Thousand) only for litigation cost.
5. Any other relief/ reliefs which the complainant is legally entitled to.

                    List of Documents filed by the complainant:

1. Photocopy of Retail Invoice being No.-  #308103048, dated 30.10.2013 issued by Wills Life Style Store.
2. Photocopy of receipt being No.- 1120, dated 28.10.2014 issued by Band Box.
3. Photocopy of citation of CPJ 2013, Vol- II, Page No.- 10 (NC), National Redressal Commission, New Delhi.
4. Photocopy of citation of CPJ, 2015, Vol- IV, Page No.- 09, National Consumer Dispute Redressal Commission, New Delhi.   

          Regarding this instant case, the Opposite Party- 1) Band Box, Bidhan Road, Siliguri, P.O. & P.S.: Siliguri, Dist.: Darjeeling, 2) The Manager, Band Box, Bidhan Road, Siliguri, P.O. & P.S.: Siliguri, Dist.: Darjeling who contested the case by filing Written Version (W.V.) and as per their W.V.s the case is as follows.

          In their Written Version, the O.P.s denied all allegations made by the complainant and also argued that the complainant did not show any purchase invoice of the said jacket to the O.P.s at the time of handing over the said jacket to prove that the said jacket was purchased from where and on what price and so, the quality of the said jacket was unknown to them. The O.P.s also argued in their W.V. that the changing colour of the said jacket from black to deep maroon would be done properly subject to the terms and conditions of the company including that dying part was entirely at owners risk and the firm would incur no liability in respect of any loss or damage arising out of cleaning or dying to which the agreed and delivered the said jacket to the O.P.s. The O.P.s also added that the complainant never paid any amount to the O.P.s at the time of handing over the said jacket to them and the O.P.s did not issue any cash memo to the complainant.

          The O.P.s also argued in their W.V. that the said jacket was ready for delivery on due date but when the O.P.s asked the complainant to pay Rs. 350/- (Rupees Three Hundred and Fifty) only as service charge, the complainant refused to pay the service charge amount to the O.P.s and also refused to take the said jacket from the O.P.s on allegation that the changing colour of the said jacket was not done properly though the fact was that the colour of the said jacket was changed from black to deep maroon perfectly and properly after taking all due care and diligence. The O.P. also added that the complainant made a false statement that her said jacket was somehow lost from their custody and the O.P.s misbehaved with the complainant. The O.P.s also argued that the said jacket was in their safe custody and ready for delivery and the complainant can take it back on any date after making payment of charged amount of Rs. 350/- (Rupees Three Hundred and Fifty) only from them. The O.P.s also specifically denied in their W.V. that they were negligent in service and cheated the complainant by conducting unfair trade practice.        

Having heard, the Ld. Advocate of both the sides and on perusal of the Complaint, Written Version and documents filed by the parties the following points are taken to be decided by this Commission.

Points for consideration

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

Decision with reasons

           All the points are taken up together for consideration and decision.

Seen and perused the complaint petition and Written Version filed by the parties which are supported by the affidavit, documents filed by the parties. We are also heard arguments of both the parties in full length.

The complainant resides in the jurisdiction of Siliguri, Dist.- Darjeeling and the O.P. No.1 and 2 is also carrying their business in Siliguri, Dist.- Darjeeling, West Bengal. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consume Protection Act, 1986 and Consumer Protection Act- 2019 and also there is no doubt that this Commission has its territorial jurisdiction to decide this case.

At the time of argument Ld. Advocate of the complainant submits that the complainant has been able to prove its case against the O.P.s not only through his Written Deposition but also by producing documents.

In this instant case, it is very much clear from the case record that the complainant purchased 01 (one) number of ‘Sabby Sport Jacket’ of black colour from ‘Wills Life Style Store’ of I.T.C. Ltd., having its Outlet at Unique No. - 20 and 21, lower ground floor, Cosmos Mall, 2^nd Mile, Sevoke Road, Siliguri, after making payment of Rs. 3, 499/- (Rupees Three Thousand Four Hundred and Ninety Nine) only and accordingly ‘Wills Life Style Store’ had issued one retail invoice being No. #308103048 dated 30.10.2013 to her for purchasing the said jacket and due to the black colour of the said jacket she did not use it since the date of its purchase and it was kept in the same packing condition by her without cutting its tag and to change the colour from black to deep maroon of her said jacket she selected the O.P. No.1 and 2 as per their name and fame in the field of dyers, cleaners and launderers in Siliguri and on 28.10.2014 she handed over it to the O.P.s after getting clear assurance from them that the O.P.s would change the colour without damaging it. After handing over her said jacket to the O.P.s, the O.P. No.2 issued one Cash Memo cum Invoice being No.- 1120 and charged Rs. 350/- (Rupees Three Hundred and Fifty) only for changing the colour and dying the said jacket and the complainant paid a sum of Rs. 350/- (Rupees Three Hundred and Fifty) only to the O.P. No.2 and so, this Commission has no doubt to hold that the complainant is a very much consumer as per the C. P. Act 1986 and C. P. Act 2019.  

It revels from the case record that as per Order No.31, dated 23.11.2023 the O.P.s did not take any step and intimation was given to the O.P.s over phone by this Commission through their Ld. Advocate and liberty was given to them to file their Written Notes of Argument on 30.11.2023 but as per Order No. 32, dated 30.11.2023 neither the O.P.s nor his Ld. Advocate turned up before this Commission and the case was taken up for hearing of argument on the side of the complainant.

As per evidence of the complaint it is also very much clear that the said 01 (one) no. of ‘Sabby Sport Jacket’ of black colour did not deliver to the complainant though the complainant paid a sum of Rs. 350/- (Rupees Three Hundred and Fifty) only to the O.P. No.2 after issuing one Cash Memo cum Invoice being No.- 1120 by O.P. No.2 for changing the colour and dying the said jacket but the O.P. No.2 did not deliver the said jacket to the complainant. So, after receiving the product, it is the duty of the O.P.s to supply a product with a good condition because a consumer always goes to a reputed company like Band Box with an expectation of delivery of a good quality of service as well as better offerings from the company but in this instant case the company failed to provide as well as deliver its best services to his consumer. It is fact that the said 01 (one) no. of ‘Sabby Sport Jacket’ of black colour was received by the O.P.s and against that the O.P. No.2 issued one Cash Memo cum Invoice being No.- 1120 with an amount of Rs. 350/- (Rupees Three Hundred and Fifty) only as service charge and in this context it was the duty of the O.P.s to deliver their best service to his consumer and this Commission has no doubt to hold that the O.P.s did not provide their best service to his consumer.

          In this case, in favour of her claim the complainant filed two citations as reference- (i) CPJ 2013, Vol- II, Page No.- 10 (NC), National Redressal Commission, New Delhi and (ii) CPJ, 2015, Vol- IV, Page No.- 09, National Consumer Dispute Redressal Commission, New Delhi.

So, as per the above discussion this Commission has no doubt that there was a deficiency of services from the part of the O.P.s. In this instance case, the O.P.s are jointly and severally liable. The O.P.s are directed to pay the purchased amount of Rs. 3, 499/- (Rupees Three Thousand Four Hundred and Ninety Nine) only of the said black colour jacket (Sabby Sport Jacket) along with a simple interest @ 6% per annum from the date of filing of this case, i.e., 27/03/2015 by an Account payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. After expiry of 30 days a penalised interest @ 10% per annum will be applicable of the said awarded amount till the realization of the entire amount. The complainant is also entitled to get Rs. 2,000/- (Rupees Two Thousand) only for mental pain and agony and Rs. 2,000/- (Rupees Two Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 2,000/- (Rupees Two Thousand) only to Consumer Legal Aid Account of this Commission.     

Hence, it is,

ORDERED

That the Consumer Case No. 43/2015 be and same is allowed in contest against the O.P. No. 1) Band Box, Bidhan Road, Siliguri, P.O. & P.S.: Siliguri, Dist.: Darjeeling, 2) The Manager, Band Box, Bidhan Road, Siliguri, P.O. & P.S.: Siliguri, Dist.: Darjeling. In this instance case, the O.P.s are jointly and severally liable.   

The O.P.s are directed to pay the purchased amount of Rs. 3, 499/- (Rupees Three Thousand Four Hundred and Ninety Nine) only of the said black colour jacket (Sabby Sport Jacket) along with a simple interest @ 6% per annum from the date of purchase of the said jacket, i.e., 27/03/2015 by an Account Payee cheque in favour of the complainant within 30 (Thirty) days from the date of this order. After expiry of 30 days a penalised interest @ 10% per annum will be applicable of the said awarded amount till the realization of the entire amount. The complainant is also entitled to get Rs. 5,000/- (Rupees Five Thousand) only for mental pain and agony and Rs. 5,000/- (Rupees Five Thousand) only for litigation cost and the O.P.s are also directed to deposit Rs. 2,000/- (Rupees Two Thousand) only to Consumer Legal Aid Account of this Commission.

 Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.