Chandigarh

DF-II

CC/1029/2016

Abnesh Dhadwal - Complainant(s)

Versus

College Shoes (Woodland) - Opp.Party(s)

Comp. in person Gaurav Bhardwaj,Adv

06 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	1029/2016
Date of Institution	:	20.12.2016
Date of Decision	:	06/03/2017

 

                                       

                                               

Abnesh Dhadwal r/o # 2361, Sector 19-C, Chandigarh

                                ...  Complainant.

Versus

College Shoes (Woodland), SCO No.30, Sector 17-E, Chandigarh through its Store Manager.

…. Opposite Party.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: Sh.Gaurav Bhardwaj, Adv. for the complainant

                    Sh.Lalit Kumar, Authorized Agent for the OP.

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainant is that he purchased a Jacket vide Invoice dated 20.01.2015 for Rs.2884/-, having warranty of six months.  After 10 days of its purchase, the complainant noticed that the colour of the jacket started fading and therefore, he requested the OP either to replace the same or to its refund price but the OP showed its reluctance.  It has further been averred that the OP took the jacket, original bill and the warranty from the complainant and gave a repair slip dated 31.01.2015 to him with the assurance that the decision regarding the replacement or refund thereof was to be taken by the Head Office.  Thereafter, he sent a number of e-mails to the OP right from February, 2015 to December, 2015 for doing needful and he even contacted the store room but to no effect.  It has further been averred that despite lapse of long time, the OP has failed either to replace the jacket or to refund its price.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.
2.         Upon notice, the OP put in appearance through its authorized representative Sh.Lalit Kumar and changed the jacket of the complainant. He further stated that the OP did not want to file reply and evidence.
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         During the pendency of the complaint, the OP changed the jacket and the Counsel for the complainant has submitted that the complainant be awarded compensation on account of mental agony and harassment besides litigation expenses.
5.         Admittedly, the complaint made the complaint regarding the fading of the colour in the jacket with the OP on 31.01.2015 and thereafter he wrote a number of e-mails requesting the OP to change the jacket or refund its price and he even personally visited the OP but it took almost two years to redress genuine grievance of the complainant and that too after filing of the instant complaint before this Forum, which itself amounts to deficiency in service as well as indulgence into unfair trade practice on the part of the OP.  Had the OP redressed the genuine grievance of the complainant within the reasonable period of 1-2 months or before filing of the instant complaint then the position certainly would have been different but they did not. Keeping in view overall facts and circumstances of the case, we are of the considered view that the ends of justice would be met if the complainant is awarded a sum of Rs.2,500/- on account of mental agony and physical harassment and Rs.5,000/- as litigation expenses. We order accordingly.
6.         In view of the foregoing discussion, the complaint is allowed with a direction to OP to pay a sum of Rs.2,500/-  to the complainant as compensation for mental agony and physical harassment besides Rs.5,000/- as litigation expenses. This order be complied with by the OP, within 30 days from the date of receipt of its certified copy, failing which the awarded amounts shall carry interest @9% per annum from the date of this order till its actual payment.
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

	Sd/-	Sd/-	Sd/-
Announced	[RAVINDER SINGH]	[RAJAN DEWAN]	(PRITI MALHOTRA)
06/03/2017	MEMBER	PRESIDENT	MEMBER