DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 212 of 28.6.2021

                                      Decided on: 29.7.2024

Dhanwant Singh son of Sh.Baljinder Singh, resident of village Sadarpur, Tehsil and District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Divine Enterprises, Jatal Road, Panipat-132103, through its Proprietor Inderjit Singh Bhalla, Mob. No.9034400009, 9154900003.
2. Inderjit Singh Bhalla Proprietor Divine Enterprises, Jatal Road, Panipat-132103

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Ms.Gagandeep Gosal, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                       Sh.S.S.Nahar, counsel for complainant.

                                      Opposite party No.1 ex-parte.                                               

 ORDER

                                      GAGANDEEP GOSAL, PRESIDENT

1. The instant complaint is filed by Dhanwant Singh (hereinafter referred to as the complainant) against Divine Enterprises, Jatal Road, Panipat (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. It is averred in the complaint that in the month of May 2021  OP No.2 claimed that he is dealing in the business of rejected good quality clothes such T-shirts (round neck and with collar) and other apparels which the complainant can purchase from him at wholesale rate. Accordingly complainant purchased 50KG of mixed ragged clothes consisting of round neck, collar T shirts and jeans from the OPs for a consideration of Rs.11,999/- and paid the same in the account of OP No.2 bearing No.37914330358 maintained with State Bank of India having IFSC code No.SBIN0002421 vide transaction ID No.T2105141453285571021272 but the OP in lieu of the amount received by them , issued the invoice No.14 dated 15.5.2021 for an amount of Rs.5000/- only and on asking of the same OPs replied that in order to do some adjustment in the GST tax, the OPs did the same. Not only this the OPs delivered defective material against the promise made by the OPs. Complainant made so many requests to the OPs to change the defective material but of no avail. That the OPs failed to perform their obligation towards the complainant which amounts to not only deficiency in service but also unfair trade practice on the part of the OPs. Hence this complaint with the prayer to accept the same by giving direction to the OPs to replace the material or to refund the amount of Rs.11,999/- alongwith interest @12% per annum from 14.5.2021 till realization; to pay Rs.50,000/- as compensation on account of inconvenience, mental agony, harassment and humiliation caused to the complainant and also to pay Rs.15000/-as litigation expenses.
3. Notice of the complaint was ordered to be given to OP No.1 only. Accordingly notice to OP No.1 was issued through registered post AD which was not received back unserved. Neither OP No.1 appeared nor received   any reply on its behalf. Accordingly OP No.1 was proceeded against ex-parte.
4. In evidence ld.counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Ex.C1 copy of screen shot of online payment,Ex.C2 copy of invoice and closed the evidence.
5. We have heard the ld. counsel for the complainant and have also gone through the record of the case carefully.
6. The complainant has alleged that he was induced by OP No.2 for purchase of rejected good quality clothes like T-shirts and other apparels at whole sale rate. The complainant then agreed to purchase 50Kgs mixed ragged clothes consisting of T-shirts and jeans from the OP. The OP No.2 claimed himself to be proprietor of the firm running under the name and style of Divine Enterprises i.e. OP No.1. The complainant then agreed to purchase 50kgs of clothes for a consideration of Rs.11999/-.The amount was paid to the OP through online transaction as per Ex.C1.The complainant has alleged that the consignment was received by him against invoice No.14 dated 15.5.2021 as per Ex.C2 whereby 50kgs of rags was supplied to the complainant against the consideration of Rs.5000/-only. When the complainant protested that he had made a payment of Rs.11999/- and supply was made for Rs.5000/- only then it was disclosed by the Op that the same has been done to adjust the GST etc. The complainant has further alleged that the consignment delivered to him was defective and the round neck T shirts supplied to the complainant were of poor quality and Collar T-Shirts  and Jeans were not supplied. The complainant has further alleged that in order to make the payment of Rs.11999/- he was forced to take a loan for the same. The complainant has alleged that numerous calls were made to the OP for replacement of the defective goods but nothing was done by the OPs. The complainant has as such prayed for the refund of Rs.11999/- alongwith interest, compensation and costs for mental agony and harassment caused to him.
7. The evidence lead by the complainant has not been rebutted as the OP has chosen to remain ex-parte.
8. We have gone through the allegations of the complainant and evidence on record. The complainant has made the payment of Rs.11999/- for the purchase of rejected clothes such as (T shirts round neck and with Collar) and other apparels as per para 3 of the complaint. The quantity to be purchased was fixed at 50 kgs for which the payment of Rs.11999/- was made by the complainant to the OP as per Ex.C1. The 50 kgs rags material was supplied by the OPs vide invoice No.14 dated 15.5.2021 as per Ex.C2 for a consideration of Rs.5250/- which included Rs.250/- as IGST. The allegation of the complainant that only round neck T-shirts were supplied by the OPs whereas the complainant had requested for the supply of round neck T shirt and Collar T shirt alongwith jeans is not supported by any document. Even the averments of the complainant in para No.3 does not mention jeans as the apparels to  be supplied to the complainant. Further the allegation of the complainant that he had taken a loan of Rs.11999/- for the procurement of these apparels is not supported by any document. Even the quality of the goods to be supplied is not specified and the complainant has himself stated that the deal was stuck for supply of rejected clothes and as such the complainant cannot claim that the goods supplied were of poor quality.
9. It is also a fact that the complainant has ordered for supply of 50kgs of goods and 50kgs of goods were supplied by the OPs to the complainant as per invoice, Ex.C2. However, the value of the goods supplied by the OPs is Rs.5250/- against which the payment of Rs.11999/- was made by the complainant and an excess amount of Rs.6749/- was received by the OPs. As such we partly allow the complaint and direct OP no.1 to refund the amount of Rs.6749/- i.e. excess amount received by the OP from the complainant against which no supply was made alongwith interest @9% per annum from the date of receipt of certified copy of this order. The OP No.1 is also directed to pay Rs.5000/- as compensation and litigation expenses for causing mental agony and harassment to the complainant. Compliance of the order be made by the OP within a period of 45 days from the date of receipt of certified copy of this order.           
10.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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                                              G.S.Nagi                       Gagandeep Gosal

                                              Member                           President