DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 356
Instituted on: 25.07.2017
Decided on: 18.09.2017
Jagpal Singh son of Atma Singh resident of Village Amru Kotra, Post Office Village Amru Kotra, Tehsil Sunam, District Sangrur ( Punjab).
…. Complainant.
Versus
1. Ganpati Fashion Wear (through its Proprietor), Railway Road, Sunam-148028.
2. Octave Apparels Private Limited (through its Director), B-33, 325/5 G.T. Road (West) New Ashok Nagar Sikand Cold Store Wali Gali, Near Jalandhar Bye-Pass Ludhiana-141008.
….Opposite parties.
FOR THE COMPLAINANT: Shri Dhiraj Jindal Advocate
FOR THE OPP. PARTIES : Exparte.
Quorum
Sukhpal Singh Gill, President
Vinod Kumar Gulati, Member
ORDER:
Sukhpal Singh Gill, President
1. Jagpal Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he purchased a leather jacket and pullover of Octave Company from the shop of OP no.1 for an amount of Rs.3600/- in total ( Octave leather jacket was of Rs.2450/- and pullover was of Rs.1050/-) vide bill number 797 dated 29.01.2017. After 5-6 days, the leather of jacket started showing dots on some part of jacket for which the complainant approached OP no.1 who took the jacket and original bill from the complainant and assured that it will be changed after some days. Thereafter the complainant approached the OP no.1 a number of times but the OP no.1 refused to replace/ change the jacket and to return the bill by saying that same was kept by the company. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-
i) OPs be directed to pay an amount of Rs.2450/- as cost of the jacket to the complainant alongwith interest upto date,
ii) OPs be directed to pay to the complainant a sum of Rs.20000/- on account of mental torture, agony and Rs.5500/- as litigation expenses.
2. Notices were sent to the OPs but despite service, OPs did not appear and as such they were proceeded exparte on 04.09.2017.
3. The complainant has tendered documents Ex.C-1 to Ex.C-10 and closed evidence.
4. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had purchased a leather jacket and pullover of Octave Company from the shop of OP no.1 for an amount of Rs.3600/- in total ( Octave leather jacket was of Rs.2450/- and pullover was of Rs.1050/-) which is evident from copy of bill number 797 dated 29.01.2017 Ex.C-5 issued by the OP no.1.
5. The complainant's grievance is that after five/six days from the purchase, leather of the jacket started showing dots on some part of the jacket for which he approached the Op no.1 who assured him to change the same within 10 days but after approximate three months the OP no.1 returned the said jacket saying that company refused to replace/ change the same and original bill was also kept by the company. The complainant has also produced on record photographs of the said leather jacket Ex.C-7 to Ex.C-10 which clearly show the dots on the said jacket and deteriorated condition of the jacket. The OPs have not come forward to contest the case of the complainant rather they chosen to remain exparte. As such evidence produced by the complainant
6. For the reasons recorded above, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.2450/- as cost of the leather jacket in question. We also direct the OPs to pay to the complainant an amount of Rs.10000/- being compensation on account of mental pain agony and harassment and Rs.2000/- as litigation expenses.
7. This order of ours shall be complied with within 30 days from the receipt of copy of the order. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course. Announced
September 18, 2017
( Vinod Kumar Gulati) (Sukhpal Singh Gill)
Member President
