DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.277/2014

Dr. Md. Asgar Ali Khan,

S/o Md. Hasan Ali Khan

R/o Bungalow No.28,

Road No.4, Izatnagar,

Bareilly-243122 (UP).

                                                                                      ….Complainant

Versus

1. Store Manager

Delsey India Pvt. Ltd.

Shop No.F-129 (First Floor)

Ambience Island, Ambience Mall

NH-8, Gurgaon-122002 (Haryana)

2. Manager

Delsey India Pvt. Ltd.

Registered Office

S-327, Greater Kailash Part-II,

New Delhi-110048.

3. Mr. Nitin Srivastava

Marketing Head

Delsey India Pvt. Ltd. (Import & Marketing)

C-5/39 Safdarjang Development Area

New Delhi-110016.                                       ….Opposite Parties

                                                  Date of Institution                :16.07.14         Date of Order             : 19.12.18   

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Facts of the complaint in the nut-shell are:-

1. The complainant, Dr. Md. Asgar Ali Khan purchased a duffle bag of Delsey International Brand from retail outlet at Ambience Mall Gurgaon on 28.11.2012. The said bag was bought on payment of Rs.11,200/- with international warranty of five years. The complainant was shocked to notice that after using the bag on two occasions the chain got spoilt and fabric of the bag was torn at several places. The complainant complained about the faulty fabric and chain on 10.03.2013 at Delsey India Pvt. India Ambience Mall Gurgaon. The bag was received by Store Manager and issued receipt No. 908 on the same day. Further the complainant was assured that the bag would be returned back after repair or replaced, as the case may be after one week.
2. The complainant is working in Bareilly, therefore, he made various calls from Bareilly to the Delsey Showroom’s landline number however, he did not receive proper response with respect to his enquiries about replacement or repair of the bag.
3. Thereafter, the complainant on 10.04.2013 personally visited the above said showroom to collect his bag, however, the store manager refused to deliver the bag and told him that they need few more weeks to repair the bag. The complainant then tried to contact the marketing Head Delsey India Pvt. Ltd., New Delhi at his mobile number but the marketing head did not take his call.
4. It is next stated that the complainant disappointed with the whole affair finally registered a complaint to official website of Delsey  and customer care on phone, but all in vain. It is alleged that the OPs have failed to replace or repair the bag till the filing of the complaint. It is further averred that the complainant not receiving any positive response from OPs, served notice dated 25.10.2013, which was duly served upon the OPs but no reply has been received so far.
5. Aggrieved by the circumstances above, the complainant approached this Forum with the prayer to return the bag or refund the cost of the bag i.e. 11,200/- along with compensation of Rs.1,00,000/- for mental agony, humiliation, harassment with interest @ 18% per annum and to award the cost of proceedings to the tune of Rs.22,000/- in favour of the complainant.

2. After receiving the notice, AR of the OP had put in his appearance but did not controvert the complaint and thereafter OPs were proceeded exparte vide order dated 07.01.2015.
3. Complainant filed exparte evidence as well as exparte written arguments. The complainant reiterates whatever is stated in the complaint as well in evidence by way of affidavit.
4. Arguments on behalf of the complainant have been heard and record perused.
5. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
6. It is quite evident from the complaint that complainant purchased a duffle bag of Delsey International Brand from retail outlet at Ambience Mall Gurgaon on 28.11.2012 and paid Rs.11,200/- for the same. The said bag was with the international warranty of five years. Copy of cash memo is marked as Mark-A for the purpose of identification. As stated by the complainant it was after using the bag only on two occasions the fabric of the bag got torn and the chain of the bag also got spoiled. The complainant complained about the same to the store manager of OP at Ambience Mall, Gurgaon on 10.03.2013 wherein the store manager kept the bag and assured that the bag would be returned back to the complainant after repair or will be replaced, as the case may be within one week.
7. It is pertinent to note that the complainant works in Bareilly, he made various calls from Bareilly to enquire about his bag but was not given a positive response regarding the same. Thereafter, the complainant personally visited the showroom on 10.04.2013 to collect his bag where he was told that they need few more weeks to repair the bag. Thereafter the complainant tried to contact the marketing Head and registered a complaint at the official website of Delsey and customer care on phone but all in vain. Copy of cash memo of the bag, the Internationally Guarantee of five years the challan receipt of Delsey India Pvt. Ltd. are placed on record and for the sake of identification are marked as Mark-A, Mark-B and Mark-C respectively.
8. The complainant was very well within his rights to approach the Forum when after purchasing a duffle bag with five years international warranty, the OPs did not repair the bag nor did they replace the above said bag.
9. As stated above, there is no reason to disbelieve the uncontroverted version of the complainant, hence, the complaint is allowed and we find OP to be deficient in service.
10. Therefore, OP is liable to pay the cost of the bag that is Rs.11,200/- to the complainant along with interest @ 10% per annum from the purchase of bag till realization and Rs.10,000/- towards compensation for harassment and legal expenses.
11. OP is directed to pay the complainant within a period of 30 days from the date of receipt of the copy of this order failing which the OP shall become liable to pay interest @ 15% p.a. on amount of Rs.11,200/- from the purchase of bag till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 19.12.18.