Punjab

Sangrur

CC/1619/2015

Jagdeep Singh - Complainant(s)

Versus

Hira Lal Krishan Lal - Opp.Party(s)

Shri Amit K.Bhalla

05 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                               

                                                Complaint No.  1619

                                                Instituted on:    10.12.2015

                                                Decided on:       05.08.2016

 

Jagdeep Singh Sandhu, Advocate son of S. Bharpur Singh resident of Mohalla Rawrian Dhanaula, Tehsil and District Barnala.

                                                        ..Complainant

                                        Versus

Hira Lal Krishan Lal, Sadar Bazar, Dhuri, District Sangrur through its Authorised signatory/partner/Proprietor.

                                                        ..Opposite party

 

For the complainant  :       Shri Amit Bhalla, Adv.

For OP                     :       Shri Rajiv Singla, Adv.

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Jagdeep Singh Sandhu, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant purchased three lady suits for Rs.25,560/- from the OP on 20.4.2015 vide bill number 6947 dated 20.4.2015 and 10% discount on the bill amount was allowed.  It is further averred that the complainant purchased the said suits for his wife as there was the marriage of his son on 19.6.2015 at Brampton, Ontorio Canada. It is further averred that the Op assured that the suits are of the good quality, which are of silk and there would not be any complaint and the said suits were got stitched after paying a sum of Rs.800/- per suit to Jai Durga Fashion Boutique, Malerkotla. 

 

2.             In the present case, the grievance of the complainant is that out of three suits, two suits were defective, which were having the cost as Rs.11,800/- and Rs.8050/-, respectively, as the arms of the suits have been torn out , as such the complainant apprised whole of the position to the OP over telephone, who advised the complainant to send the suits and assured its replacement. The complainant handed over the suits to the OP on 24.09.2015, but the OP did nothing and lastly returned the suits to the complainant as it is on 31.10.2015. Thus,  alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to refund to the complainant the cost of the suits i.e. Rs.19,850/-  and Rs.1600/- on account of stitching charges and further claimed compensation and litigation expenses.

 

3.             It is worth mentioning here that though the OP appeared through its counsel, but the OP did not file the reply within the statutory period of 75 days, as such opportunity to file the written reply was declined vide order dated 03.03.2016.

 

4.             The learned counsel for the complainant has produced Ex.C-1 visiting card, Ex.C-2 copy of bill, Ex.C-3 and Ex.C-4 photographs, Ex.C-5 affidavit, Ex.C-6 affidavit, Ex.C-7 stitched suit and closed evidence. On the other hand, the learned counsel for the OP has produced Ex.OP/1 affidavit and Ex.OP/2 copy of bill and closed evidence.

 

 

5.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

 

6.             It is an admitted fact that the complainant purchased three suits from the OP on 20.4.2015 vide bill number 6947 dated 20.4.2015, as is evident from the copy of the bill which is on record as Ex.C-2 by paying the requisite sum of Rs.25,560/-.  Further the complainant has produced the photographs of the suits on record as Ex.C-3 and Ex.C-4, which clearly shows that the arms of the suit have been torn out due to inferior quality. It is worth mentioning here that the complainant had spent a sufficient amount on the purchase of the ladies suit and it is desirable that the same were of good quality.  It is worth mentioning here that the OP though did not file any reply to the complaint, but in the affidavit Ex.OP/1 it is stated that the suit was stitched in tight fitting and the tailor did not stitch the arms with inner cloth and due to that reason the arm of the suit has torn out. But, to support such a contention the OP has not produced any cogent and reliable evidence and further has not produced any evidence to show that the suits are of the good quality and torn out due to any other reason.  Moreover, the Op even did not file the written reply during the statutory period.  Further the complainant has also supported his story in the complaint by his own affidavit Ex.C-5. The complainant has not produced any documentary evidence on record to show that he paid an amount of Rs.800/- each for getting stitched each suit.  As such, we feel that it is a clear cut case of deficiency in service on the part of the OP by supplying the inferior quality ladies suits to the complainant.

 

 

7.             In view of our above discussion, we allow the complaint and direct the OP to refund to the complainant the cost of two suits i.e. Rs.17,865/- (paid by the complainant to the OP after discount of 10% of the bill amount). However, it is open for the OP to collect the defective suits from this Forum under proper receipt. The OP shall also pay to the complainant an amount of Rs.5000/- in lieu of compensation for mental tension and litigation expenses.

 

 

8.             This order of ours be complied with within a period of thirty days of its communication. A copy of this order be supplied to the parties free of cost. File be consigned to records.

                Pronounced.

                August 5, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                                (Sarita Garg)

                                                                   Member