Complainant Parwej Imam has filed this complaint for a claim of Rs. 1,750/- along with compensation of Rs. 5,000/- and litigation cost of Rs. 2,000/-.

2          The case of the complainant is that complainant purchased a shirt of Branded Company from the shop of the O.P. on 10.03.2016 on payment of Rs. 1750/-. Within a week of purchase, on washing the shirt releasing its shed. Immediately the complainant lodged complaint to the O.P. who taken the shirt without any acknowledgment assuring him to visit after 15 days and the shirt will be sent to the company concerned. Complainant visited the O.P. shop several times but the O.P. did not rectify the defects or replaced the shirt. On 20.09.2016, complainant requested to O.P. to either replace the shirt or refund the its cost but the O.P. flatly refused and ousted him from his shop. Then a legal notice was sent on 01.10.2016. But no reply, this shows the negligence and deficiency in service on the part of the O.P. for which complainant suffered mental and physical harassment.

3          Complainant has filed following Anxs-

Anx-1 Copy of the Cash memo dt. 10.03.2016.

Anx-2 Copy of the legal notice.

Anx-3 Copy of the speed post receipt.

4          The O.P. Khoobsurat Apparels Pvt. Ltd. through its Proprietor has appeared, but did not file W.S.  in spite of several adjournment hence Ex-parte proceeding initiated against the O.P.

                                                            F I N D I N G S

5          At the very outset, we have no doubt the complainant is a consumer and the dispute is the consumer dispute.  

6          Anx-1 is the receipt of the purchase of the shirt which was become defective due to release of the shade on wash within a week of the purchase.  In spite of receiving the shirt for sending to the concerned Co. to replace the defective shirt, the O.P. flatly refused to the complainant to refund the amount of purchase of the shirt. This is a deficiency in service on the part of the O.P. and O.P. is liable to refund the purchased amount of the defective shirt.

7          Accordingly we allow the claim of the complainant and O.P. Khoobsurat Apparels Pvt. Ltd. through its proprietor is directed to pay Rs. 1750/- to the complainant and O.P. is further directed to pay compensation of Rs. 1000/- along with litigation cost of Rs. 500/-.

            All the payment must be paid within 45 days from passing of this order, failing which the O.P. has to pay 10% interest on the claim amount till realization.

            Let a copy of this order be sent to the O.P. at the cost of the complainant.