Punjab

Faridkot

CC/20/14

Manjit Kaur - Complainant(s)

Versus

Cobb Apparels Pvt. Ltd - Opp.Party(s)

Manpreet Kaur

05 Jan 2022

ORDER

 

    DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  FARIDKOT

 

          C.C. No. :                 14 of 2020

          Date of Institution :     17.01.2020

           Date of Decision :      05.01.2022

Manjit Kaur w/o Balkar Singh r/o Village Mohalla Surgapuri, Muktsar Road, Kotkapura, District Faridkot.

                                    .....Complainant

Versus

Cobb Apparels Pvt Ltd CIN=UI8204DL2007PTC167728, Railway Road, Kotkapura, District Faridkot, through its authorized signatory/prop/partner.

 

                                                    .........OP

                   Complaint under Section 12 of the

Consumer Protection Act, 1986.

(Now, Section 35 of the Consumer Protection Act, 2019)

 

Quorum:     Smt Param Pal Kaur, Member.

                     Sh Vishav Kant Garg, Member.

 

Present:        Ms Manpreet Kaur, Ld Counsel for complainant,    

                    Opposite Parties - Ex parte.

 (ORDER) 

( Param Pal Kaur, Member)

                                                       Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to refund Rs.350/- received from complainant and for  

 

 

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directing them to pay Rs.20,000/- as compensation for inconvenience, harassment and mental agony besides litigation expenses of Rs.5,000/-.

  2                                                    Briefly stated, the case of the complainant is that on 08.10.2019, complainant approached the show room of OPs and purchased clothes under scheme ‘buy one shirt and get two shirts’ and paid the price of one shirt of highest costs. Thus, she purchased three shirts and paid the highest cost of one shirt that was Rs.1950/- against proper bill. Thereafter, OPs showed some more shirts and complainant purchased clothes under same scheme of buy one get two and paid the price of shirt of highest costs and also returned the shirts earlier purchased. She paid Rs.2,099/-vide bill no.1414-02677 dt 08.10.2019 and returned the clothes that she purchased for Rs.1950/-. Difference between the two purchases was of Rs.150/-but OPs charged Rs.350/-more from complainant. Complainant made several requests to OPs to not to charge Rs.350/-more from complainant, but OP did not pay any heed to her requests. Despite repeated verbal requests and issuance of legal notice to OPs, they did not do the needful. Several requests made by complainant before OPs for refund of remaining amount, bore no fruit. All this amounts to deficiency in service and unfair trade practice. Complainant has prayed for accepting the complaint and for seeking directions to OPs to pay Rs.20,000/- as compensation

 

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for harassment and mental agony suffered by her and litigation expenses incurred by her besides the main relief. Hence, the complaint.

  3                                              The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 21.01.2020, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                              As per office report, notice containing copy of complaint alongwith relevant documents was sent to OPs, but it did not receive back undelivered and was presumed to be served. Acknowledgment might have been lost in transit. Despite long waiting till 4 O’ clock, no body appeared in the Commission on behalf of OPs either in person or through counsel on date fixed and therefore, vide order 23.08.2021, OPs were proceeded against exparte.                 

5                                         Complainant wanted to lead exparte evidence to prove her respective pleadings and proper opportunity was given to her.  Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.CW1/A and documents Ex C-1 to C-4 and then, closed the evidence.

6                                        There is no rebuttal from opposite side as OPs are exparte in present complaint, therefore, counsel for complainant addressed

 

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exparte arguments. We have heard the exparte arguments advanced by ld counsel for complainant and have carefully gone through affidavit, documents and evidence placed on record by complainant party.             

7                                   From the careful perusal of record it is observed that case of the complainant is that she purchased clothes from the showroom of OPs under scheme ‘buy one shirt and get two shirts free’ and paid the price of one shirt of highest costs. Thus, she purchased three shirts and paid the highest cost of one shirt that was Rs.1950/-against bill no.1414-02677 dt 08.10.2019, but thereafter, OPs showed some more shirts and complainant purchased clothes under same scheme of buy one get two and paid the price of shirt of highest costs and also returned the shirts earlier purchased. She paid Rs.2,099/-vide bill no.1414-02677 dt 08.10.2019 and returned the clothes that she purchased for Rs.1950/-. Though difference between the two purchases was of Rs.150/-but OPs charged Rs.350/-more from complainant. Grievance of the complainant is that despite repeated requests and issuance of notice, OPs did not refund her the amount that was charged and received by OPs in excess from complainant. She has prayed for accepting the present complaint.

8                                        Careful perusal of document Ex C-2 i.e is copy of bill dated 8.10.2019, proves the pleadings of complainant that earlier purchase made

 

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by her was for Rs.1950/- and bill Ex C-1 also clears the point that next purchase was for Rs.2099/- and difference amount required to be taken by OPs was Rs.150/-, but they charged Rs.500/-and illegally charged Rs.350/-in excess from her without any ground or any reason. Legal notice Ex C-3 further proves the pleadings of complainant that despite repeated requests and issuance of legal notice, OPs did not bother to do the needful. Through her affidavit Ex C-W1/A, she has tried to reiterate her grievance and prayed for granting justice to her.

9                                    In these circumstances, we are of considered opinion that the amount that falls short for payment of second purchase after adjusting the bill for earlier purchased articles was only Rs.150/-, but OPs intentionally charged Rs.350/-more from complainant, therefore, complainant is entitled for refund of Rs.350/-which were received by OPs in excess from her and under compelling circumstances, due to non refunding the excess amount charged by OPs, complainant had to file the present complaint. Excess amount requires to be refunded to her. Act of OPs in charging the excess amount and on request of complainant not refunding the same  amounts to deficiency in service. Therefore, complaint in hand is hereby allowed. OPs are directed to refund Rs.350/-to complainant alongwith interest at the rate of 3% per anum from the date when payment was made by her. Ops are further directed to pay Rs.2,000/-

 

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as consolidated compensation for harassment and mental agony suffered by her including litigation expenses incurred by her. Compliance of this order be made within one month of receipt of the copy of the order, failing which complainant shall be entitled to proceed under section 71 and 72 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost. File be consigned to the record room.

Announced in Open Commission

Dated : 05.01.2022

(Vishav Kant Garg)       (Param Pal Kaur)                        

Member                          Member