Delhi

West Delhi

CC/15/432

RAM KANWAR - Complainant(s)

Versus

COTTON SUIT COLLECTION - Opp.Party(s)

05 Nov 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                             Date of institution2.7.15

CASE NO-432/15                                                                                                                      Date of Order:5.11.16

 

In the matter of

 

Smt.Bimla,

W/o   Sh. Ram Kawar,

House No.38A, Kamrudin Nagar,

Nangloi, New Delhi-41                                                                                                     COMPLAINANT

VERSUS

Cotton Suit Collection,

A-8, Punjabi BAsti,

Nangloi, New Delhi-41.                                                                                                    PPOSITE PARTY

 

ORDER

R.S. BAGRI, PRESIDENT

 

            The brief necessary facts for disposal of this complaint are that Smt. Bimla hrein complainant  on 19.6.15 purchased a lady’s suit for sumof Rs.330 vide invoice No.4710  from Opposite Party.  The suit was stitched and for the first time was  worn by her on 22.6.15.  When the complainant  sat the suit was torn from many places.  The complainant  approached the Opposite Party with a request to exchange the suit  or refund the sale price.  But the Opposite Party did not pay any heed to the request of the complainant.  Hence, the present complaint for directions to Opposite Party to refund the sale price of the suit and pay compensation for mental pain, agony and harassment.

 

2

            Notice of the complaint was sent to the  Opposite Party but none appeared on its behalf.  Therefore, Opposite Party was proceeded against exparte vide order dated 21.1.16. 

            When the complainant  was asked to lead exparte evidence, she filed affidavit dated 4.5.16 and relied upon invoice No.4710 dated 19.6.15 .  She has   narrated the facts of complaint and deposed that she purchased a suit from Opposite Party but the suit was defective and was damaged on first wearing.  She requested to exchange the suit or refund the sale price but Opposite Party did not accedes the request of the complainant. 

            We have heard Sh.  Ram Kawar, A/R  and husband of complainant   and have gone through the material on record carefully and thoroughly. 

            The version of the complainant  remained unrebutted and unchallenged.  Therefore, there is no reason to disbelieve the unrebutted and unchallenged version of the complainant.  The complainant  from unrebutted and unchallenged affidavit and invoice has been able to show that on 19.6.15 she purchased a suit from Opposite Party by paying Rs.330/-.  When the complainant  first time worn the suit the same was torn from many places.  She requested the Opposite Party to exchange/replace the suit or refund cost of the suit.  But to no effect.    She has suffered loss of the suit and tailoring charges.  She has also suffered mental pain, agony and harassment.  There is unfair trade practice and deficiency in service   on part of the Opposite Party.  Therefore, we are of the opinion that the complainant is entitled to recover cost of suit, tailoring charges and compensation on account of mental pain, agony and harassment. 

In light of above discussion and observations the complaint succeeds and is hereby allowed.  We direct Opposite Party to Rs.330/- cost of suit, Rs.200/- tailoring charges and Rs.470/- compensation on account of mental pain, agony ,harassment and litigation expenses.     

            Order pronounced on   :

·        Compliance of the order be made within 30 days after receipt of the order.

·        Copy of order be sent to the concerned parties free of cost.

·        Thereafter, file be  consigned to record.

 

(PUNEET LAMBA)                          (URMILA GUPTA)              ( R.S.  BAGRI )

  MEMBER                                         MEMBER                            PRESIDENT