Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.07.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the full price of Jacket i.e. Rs. 2,645/- along with 18% interest.
- To direct the opposite parties to pay Rs. 4,000/- ( Rs. Four Thousand only ) as Compensation.
- To direct the opposite parties to pay Rs. 2,000/- ( Rs. Two Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
It has been asserted by the complainant that he has purchased a Duke Branded Jacket from opposite party no. 2 after paying Rs. 2,645/- as will appear from annexure – 1. At the time of purchasing the same the complainant was not allowed to examine the Jacket carefully. The complainant at his home when opened the Jacket the same was found defective as the same was not properly stitched. Thereafter he requested the opposite party no. 2 to replace the same then opposite party no. 2 requested the complainant to come at his shop after some time because the same Jacket was not available. Thereafter the complainant requested opposite party no. 2 repeatedly to return the Jacket but his request was ignored. The complainant thereafter made complaint with opposite party no. 1 but no step was taken by opposite party no. 1.
From record it appears that when the registered notice sent to opposite parties did not returned unserved then vide order dated 21.08.2015 valid Tamila was declared on the opposite parties. Thereafter opposite parties were allowed several adjournments to file written statement and when opposite parties neither filed written statement nor appeared then this case was heard ex – parte.
From perusal of annexure – 1 it is crystal clear that the complainant has purchased the aforesaid Jacket from opposite party no. 2 after paying Rs. 2,645/-.
It goes without saying that the complainant has asserted the aforesaid fact on solemn affirmation and there is no counter version of opposite parties hence we have no option but to accept the facts asserted by the complainant which clearly disclose deficiency on the part of opposite parties.
Hence we direct the opposite party no. 2 to return the price of the jacket i.e. Rs. 2,645/- ( Rs. Two Thousand Six Hundred Forty Five only ) to the complainant which he has received vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 2 will pay 10% interest on the above said amount of Rs. 2,645/- ( Rs. Two Thousand Six Hundred Forty Five only ) till its final payment.
Opposite parties are further directed to pay Rs. 3,000/- ( Rs. Three Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Complainant is also directed to return the aforesaid Jacket to opposite party no. 2 at the time of receiving the amount of Jacket from opposite party no. 2.
Opposite party no. 2 is at liberty to realize the amount from opposite party no. 1 in accordance with law.
Accordingly this complaint stands allowed to the extent referred above.
Member President
