Complainant Davinder Masih has filed the present complaint against the opposite party U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite party to replace all three articles (Ladies suits) with some good quality (rich fabric) ladies suits or to refund the amount of Rs.11,115/- i.e. the price of said articles to him. Complainant has also seeking directions to burden the opposite party with compensation/damages amounting to Rs.30,000/- on account of deficiency in services, mental and physical harassment from the hands of opposite party alongwih litigation costs of Rs.20,000/- by allowing the present complaint, in the interest of justice.

2.        The case of the complainant in brief is that opposite party running cloth house under the name and style "Dev Di Hatti" and deals in bridal Lengas and party wears clothes etc. It was pleaded by the complainant that on 12.02.2022 he approached to the opposite party and bought ladies suit for his wife and mother to wear in the marriage function for a price of Rs.11,115/- as he is a regular customer of the opposite party. Opposite party insisted the complainant to purchase clothes as per their suggested quality and assured the complainant that ladies suits purchased by him are having good quality and long lasting cloth material and on the assurance of the opposite party three ladies suits (silk fabric) was purchased by the complainant at price of Rs.11,115/- and payment was made by the complainant through his State Bank of India's Debit Card vide transaction ID No.204310589435 in the firm's account of the opposite party on 12.02.2022. It was further pleaded by the complainant that he was utter surprised when the colour of the ladies suits faded even after first wash which was purchased by him and not only this, the smash and embroidery work on the said clothes have also removed and even threads which were used to form stitches and hold the fabric parts have also started removed and from the above said facts it was cleared that the cloth sold by the opposite party was of poor/inferior quality at the highest price of each suit intentionally and deliberately with the motive to cause monetary loss to the complainant. Complainant approached to the opposite party and apprised them regarding the said facts and also requested to the opposite party to replace the same with some superior quality cloth fabric or to refund the price of said laid suits but the opposite party instead of acting upon the request of the complainant, misbehaved with the complainant and refused to honour his request. It was also pleaded by the complainant that the act of the opposite party was of deficiency in services and unfair trade practice for causing financial loss, mental and physical agony by selling inferior quality articles/clothes with the motive to fetch wrongful gain. It was next pleaded that a legal notice dated 12.03.2022 was also served upon the opposite party by the complainant through his counsel for the redressal of his grievance but the opposite party did not receive the same with mala fide intention in-connivance with postal clerk/postman and same was returned back to his counsel, hence this complaint.

3.       R.C. of opposite party had been received back with the report of 'Refusal'. Refused report of service conveys that opposite party had been served but it is intentionally evading the service of the notice. Case called several times, but none had appeared on behalf of opposite party. Hence, opposite party was ordered to be proceeded against exparte vide order dated 05.05.2022.

4.       Counsel for the complainant has tendered into evidence self declaration of complainant Ex.CW1/A, alongwith copies of documents, copy of transaction, legal notice, postal receipt and postal envelop Ex.C1 to Ex.C4.

5.       Written arguments on behalf of complainant not filed.

6.       We have carefully gone through the pleadings of the complaint and have also appreciated the evidence produced on record with the valuable assistance of the complainant for the purposes of adjudication of the present complaint.

7.       As detailed above, the complainant has pleaded in his complaint that on 12.02.2022 he approached to the opposite party and bought ladies suit for his wife and mother to wear in the marriage function for a price of Rs.11,115/- as per suggested quality by the opposite party and opposite party assured the complainant that ladies suits purchased by him are of good quality and long lasting cloth material and on the assurance of the opposite party three ladies suits (silk fabric) were purchased by the complainant and payment was made by him through his State Bank of India's Debit Card vide transaction ID No.204310589435 in the firm's account of the opposite party on 12.02.2022. But complainant was surprised when the colour of the ladies suits faded even after first wash which was purchased by him and not only this, the glistening embellishment work on the said clothes have also removed and even threads which were used to form stitches and hold the fabric parts have also started coming off. After this, complainant approached to the opposite party and apprised them regarding the said facts and also requested to the opposite party to replace the same with some superior quality cloth fabric or to refund the price of said ladies suits but the opposite party misbehaved with him and refused to honour his request. A legal notice dated 12.03.2022 was also served upon the opposite party by the complainant through his counsel but opposite party did not receive the same and same was returned back to his counsel. To support the pleadings counsel for the complainant has produced on file self declaration of the complainant Ex.CW1/A, alongwith copies of documents, copy of transaction, legal notice, postal receipt and postal envelop Ex.C1 to Ex.C4.   

8.       From the evidential part, it is proved that the complainant approached opposite party for removal of his grievance on more than one occasion but was unnecessarily harassed by opposite party which amounts to deficiency in service on the part of opposite party. The opposite party did not bother to appear in the Commission and as a result of this, Commission prefer to proceed exparte, vide order dated 05.05.2022 and moreso because opposite  party failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either opposite party admitted the claim of the complainant or has nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed.

9.       In view of the aforesaid discussion, facts and circumstances of the case, the present complaint is partly allowed with the direction to the opposite party to refund/pay the full price amount i.e. Rs.11,115/- to the complainant. Besides this, opposite party shall also pay Rs.3,000/- in lump sum for compensation and litigation charges within a period of 45 days from the receipt of certified copy of order failing which opposite party shall be liable to pay the whole awarded amount alongwith interest @ 9% P.A. from the date of orders till actual realization.

10.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

11.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                        

           (Naveen Puri)

                                                                            President.

Announced:                                                    (R.S.Sukhija)            

JUNE 29, 2022                                                      Member.                         

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