BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 623 of 2015
Date of institution: 19.11.2015
Date of Decision: 06.05.2016
Harish Sharma son of Ram Niwas Sharma, resident of Gali No.29, House No.19, Shakti Nagar, City Dera Bassi, District Mohali.
……..Complainant
Versus
The Prop./Manager/Director, Budhiraja Silk Store, Main Bazar, Shiv Mandir Chowk, Dera Bassi, District SAS Nagar (Mohali).
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K. Aulakh, Member.
Present: Complainant in person.
Opposite Party ex-parte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following direction to the Opposite Party (for short ‘the OP’) to:
- Refund him Rs.1280/- paid by the complainant towards purchase of saree and suit.
- To pay him compensation of Rs.20,000/- for harassment and mental agony.
(c) to pay him Rs.4,000/- as litigation expenses.
The complainant purchased Saree and suit from the OP by paying Rs.1280/- against bill No.237 dated 22.08.2015. The saree and the suit purchased from the OP, however, was not matching with the particulars and accordingly the complainant returned the same to the OP. At that time the OP stated that the same piece of saree and cloth are not in stock and then the complainant asked the OP to refund the amount of Rs.1280/- paid by him towards purchase of these articles. The OP asked the complainant to wait till receipt of fresh stock of the articles purchased by him. But the complainant could not wait as he was to give these articles as a gift to his relative and accordingly the complainant purchased the clothes from another shop. Thereafter, the complainant approached the OP number of times for refund of the amount but the OP failed to refund the amount. Thus, with these allegations the complainant has filed the present complaint.
2. The registered notice sent to the OP received back with the report of postal authorities that the OP has refused to receive the notice. Accordingly the OP was proceeded against exparte vide order dated 08.02.2016.
3. Evidence of the complainant consist of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-4.
4. We have heard the complainant and gone through the pleadings and evidence on record.
5. The issue in the present complaint is regarding sale of defective garments i.e. one saree and one unstitched ladies suit by the OP to the complainant vide bill No.237 dated 22.08.2015 Ex.C-1 for Rs.1280/- . The said articles were found defective and the complainant approached the OP for replacement. The OP accepted the defective articles but did not replace them with new one and as the same were not in the stock. The OP neither replaced the articles nor refunded the amount of Rs.1280/- to the complainant till date. The articles so purchased by the complainant from the OP were to present them as a gift to his relative and since the articles were defective, he has to spent another sum of Rs.1250/- for purchasing the gift from another shop. The complainant approached the OP number of times for refund of the amount but till date the amount has not been refunded to him. The complainant has proved the purchase of article from the OP vide bill Ex.C-1 and has further proved the defective articles vide photographs Ex.C-3 and C-4 which he has taken before returning the articles to the OP.
6. The limited issue whether the articles sold to the complainant were defective and whether the OP after receipt of defective articles has replaced the same with fresh one or refunded their price to the complainant. In all situations, since the OP is exparte, no version of the OP has come forward. It is the affidavit of the complainant showing sale of defective articles and return of the same to the OP for replacement or refund of the price, which has remained unrebutted from the side of the OP. Therefore, the complainant has proved his case of sale of defective articles and non refund of the amount of the same.
7. Since the complainant had purchased the articles for presenting gift to his relation and was unable to gift the purchased articles from the OP being defective, he was forced to make another purchase and was forced to spend additional amount of Rs.1250/- as per bill dated 23.08.2015. Therefore, in this whole transaction the complainant has suffered mental agony, physical harassment and emotional set back. The conduct of the OP clearly shows an act of deficiency in service and unfair trade practice on its part as initially it sold the defective article and then subsequently failed to replace or refund its price to the complainant. Thus, the complaint deserves to be allowed and the complainant deserves to be compensated.
8. In view of above discussions, the complaint is allowed with the following directions to the OP to:
(a) refund to the complainant Rs.1,280/- (Rs. One thousand two hundred eighty only) with interest thereon @ 9% per annum w.e.f. 22.08.2015 till actual payment.
(b) to pay to the complainant a lump sum compensation of Rs.15,000/- (Rs. Fifteen thousand only) for mental agony, harassment and costs of litigation.
Compliance of the above directions be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
May 06 2016.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
