Delhi

East Delhi

CC/121/2018

YOGENDER KR. - Complainant(s)

Versus

GANGA RAM - Opp.Party(s)

28 Jan 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 121/18

 

Shri Yogendra Kumar

S/o Shri S.C. Sharma

Office: DA-18, IIIrd Floor

Opp. Metro Pillar No. 51

Main Vikas Marg, Shakar Pur

Delhi – 110 092                                                          ….Complainant

 

Vs.    

 

M/s. Ganga Ram & company

Through its Sole Proprietor

13/49, Geeta Colony

Delhi – 110 031                                                             …Opponents

 

 

Date of Institution: 11.04.2018

Judgement Reserved on: 28.01.2020

Judgement Passed on: 31.01.2020

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Ms. Harpreet Kaur Charya (Member)

 

 

JUDGEMENT

           This complaint has been filed by Shri Yogendra Kumar against     M/s. Ganga Ram & Company (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.        The facts in brief are that the complainant is a practicing advocate who ordered one black coat and a waist coat to M/s. Ganga Ram & Company (OP) on 09.03.2018.  The fabric was purchased from OP and the same was given for stitching.  Invoice bearing no. 386 of dated 09.03.2018 was issued to the complainant.  The complainant had paid advance of Rs. 2,000/- and the balance amount of Rs. 1,825/- was to be paid at the time of delivery which was 14.03.2018. 

           On the date agreed for delivery i.e. 14.03.2018, the complainant telephonically enquired from OP regarding the status of his order where, he was informed that the order will be ready in 2-3 days.  Again, on enquiry on 18.03.2018, the complainant was informed that the order was not ready.  The complainant has stated that on 19.03.2018, he had to fly to Mumbai to attend matters listed before the High Court  and Sessions Court, Mumbai.  The complainant was constrained to attend the hearings in his old and tattred dress due to the act / omission of OP. 

           Again, on 24.03.2018, the complainant visited OP, where he was shocked to see that his coat and waist coat were not ready and was offered trial of the same.  Upon confrontation, the complainant was abused and treated badly by the staff as well as the owner of OP. 

           Legal notice dated 28.03.2018 was served upon OP which was neither replied nor complied.  Hence, the present complaint with prayer for directions to OP to deliver the ordered coats; compensation of Rs. 25,000/- on account of mental agony and harassment and Rs. 10,000/- as cost of litigation.

              The complainant has annexed the invoice dated 09.03.2018 and legal notice alongwith track report with the complaint. 

3.        Notice of the present complaint was served upon OP by Speed Post as well as the complainant had taken the summons Dasti.  The complainant had filed an affidavit in support of service, where the OP had refused to accept the same.  Thus, they were deemed to be served.  None appeared on behalf of OP, hence, they were proceeded ex-parte.

4.        Ex-parte evidence was filed by the complainant, where he has got  examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited copy of receipt bearing no. 386 dated 09.03.2018 (Ex.CW-1/A) and copy of legal notice, postal receipt and tracking report (Ex.CW-1/B, C & D).

5.        We have heard Ld. Counsel for the complainant and have perused the material placed on record.  The complainant has alleged deficiency in services against OP as they have failed to deliver the stitched coat and waist coat as promised to be delivered on 14.03.2018 as per Ex.CW-1/A.  Despite several telephonic calls and personal visit, OP did not deliver the same. 

Since, OP have been proceeded ex-parte, the allegations made by the complainant have gone unrebutted.  Though, the complainant has prayed for the directions to OP to deliver the coats, but to bring an end to the dispute, the same cannot be ordered because of the lapse of time Therefore, in the facts and circumstances of the present complaint, we direct OP to refund advance of Rs. 2,000/- alongwith interest @ 6% p.a. from 14.03.2018, i.e. the date of delivery.  Further, compensation of        Rs. 5,000/- is also awarded in the favour of the complainant on account of mental agony and harassment which includes the cost of litigation.  This order be complied within a period of 30 days.

           Copy of the order be supplied to the parties as per rules.

           File be consigned to Record Room.

 

 

 

(HARPREET KAUR CHARYA)                                          (SUKHDEV SINGH)

       Member                                                                           President