ORDER
Per SH V.K. DABAS, MEMBER
Briefly stating, the case of the complainant is that on 13.12.2014 , she had ordered a lehnga for herself and another for her sister from the OP for her marriage which was fixed for 21.1.2015. She had paid full price of her lehnga and Rs. 5000/- advance for her sisters lehnga. The OP had promised to deliver the lehngas to the complainant on 10.1.2015. However, the OP did not deliver the lehnga on the promised date and instead delivered the lehnga of the complainant on 21.1.2015 at 3.00 PM i.e. on the date of the
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marriage. Also the OP did not deliver the lehnga of the complainant’s sister at all. The size of the lehnga supplied to the complainant was not properly fitting the complainant and the complainant could not get it altered to fit her properly from another tailor due to heavy rains on that day. Also her makeup was messed up because of late delivery of the lehnga and she had to face a lot of mental agony and harassment. Hence, the complaint.
The Ops did not contest the case; they did not appear despite service and were ordered to be proceeded with ex-parte.
In the evidence , the complainant has filed her own affidavit in which she has corroborated the contents of the complaint. She has filed a receipt issued by the OP depicting booking of the lehnga on 13.12.2014 and date of delivery on 10.1.2015. She has also filed a copy of the wedding card of her marriage fixed for 21.1.2015.
We have heard arguments advanced at the bar and have perused the record.
It is obvious that the Ops did not deliver the lehnga on the scheduled date i.e. 10.1.2015. Also the lehnga supplied to the complainant was not of proper size and was misfiting her and needed alterations. The complainant could not even go for alterations to the other tailor as it was raining heavily on that day. The complainant was, therefore, made to wear a lehnga on the day of her wedding which did not fit her and made her most uncomfortable. Not only this , her make up was also messed up due to the late delivery
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of lehngas. The complainant had, therefore, suffered much pain and agony due to the act of the OP. Therefore, We are of the considered opinion that the OP was deficient in providing service to the complainant and direct as under:
- Pay to the complainant a sum of Rs. 5,000/- along with interest @ 10 % p.a. from the date of institution of this complaint i.e 2-3-2015 till payment.
- Pay to the complainant a sum of Rs. 20,000/- as compensation for pain and agony.
- Pay to the complainant a sum of Rs. 5,000/- as cost of litigation.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. IF the OP fail to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule. File be consigned to record room.
Announced in open sitting of the Forum on.....................
