Delhi

East Delhi

CC/143/2016

JASVINDER - Complainant(s)

Versus

J-CO-JEANS - Opp.Party(s)

02 Jul 2018

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.       143 / 2016

                                                                                                  Date of Institution                 23/03/2016

                                                                                                  Order Reserved on                02/07/2018

                                                                                                  Date of Order                         03/07/2018  

                                                                                                       

In matter of                  

Mr. Jasvinder Singh, adult   

R/o –D26/1, Gali no. 8,   

New Govind Pura, Delhi 110051 ……………….…………..….Complainant

                                                                  

                                                                     Vs

M/s Jay Co. Jeans (Tailor)         

34, South Anar Kali,    

Som Bazar, Delhi 110051 ………………………………….….……Opponent

 

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari              Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                   

Complainant purchased 5 shirt pieces and 3 pant pieces for his son from M/s Om Prakash Cloth House for a sum of Rs 2725/- vide cash memo no. 1212 in cash on 13/12/2010 (Ex CW1/1) and all the pieces of pants and shirts were given to the OP / Jay Co Jeans on 10/11/2015 vide bill no. 1775 (Ex CW1/2) as stitching charges Rs 1550/-. It was told to check the stitching and get delivery of stitched clothes on 18/11/2015, but complainant did not get the proper stitching and so OP promised to give after 10 days.

Despite of repeated visit to the OP shop, complainant did not get the stitched clothes so he filed complaint before the Medication Centre at Nand Nagari on 31/12/2015 (Ex CW1/3), but OP did not appear and the case was closed. Thereafter he filed this case and claimed the cost of clothes Rs 2725/- with compensation of Rs 50,000/- and litigation charges Rs 10,000/-.

 

OP did not appear nor submitted written statement. Despite of serving notices, none appeared from OP, so proceeded Ex Parte. Complainant filed his Ex Parte evidences on affidavit which were not controverted.  

Arguments were heard from complainant also besides filling his written arguments. After perusing the file, order was reserved.

We have gone through all the facts and evidences on record. It was noticed that complainant had purchased five pieces of shirt and three pieces of pant from M/s Om Prakash Cloth House on 13/12/2010 which were given for stitching on 10/11/2015 to OP.

After seeing the purchase bill, it is clear that the said cloth shop was of readymade cloths and said pieces were purchased in 2010, but there was no evidence that the same pieces were purchased from the same shop as no samples of the pieces were attached or affidavit of seller to say that the same clothes were purchased by him from the same shop.

Complainant had given clothes for stitching in Nov. 2015 after a gap of about five years. There was no evidence that cloths had defective stitching or OP had given in writing to collect the clothes after alteration. We have also noted that purchase bill had no complainant’s name and written as ‘Cash’ where as OP bill had name of some ‘Kuldeep’. So it cannot be said that the complainant as Jasvinder Singh and Kuldeep are the same and one.

We are of the opinion that this complaint has no merit and deserves to be dismissed with cost. So, case is dismissed with the cost of Rs 1000/-for filing such complaint without any merit. The cost be deposited in the Consumer’s account maintained by this Forum within 15 days from the receiving of this order and order compliance be put on record.     

 

The copy of this order be sent to the parties as per Section 18 (6) of the Consumer Protection Regulation, 2005 (in short the CPR) and file be consigned to the Record Room under Section 20(1) of the CPR. 

 

(Dr) P N Tiwari,  Member                                                                        Mrs Harpreet Kaur,  Member

                                                  

                                                           Sukhdev Singh, President