By Smt. PREETHI SIVARAMAN.C, MEMBER
- The complaint in short is as follows:-
On 15/04/2021 complainant purchased one Collar T-shirt worth Rs.550/- from opposite party. Within two days ,complainant came to see one hole in that Collar T-shirt and on 18/04/2022 , he approached opposite party to change the defective shirt with a new one. But opposite party was hesitate to change Collar T-shirt which has defect from the beginning . Thereafter complainant filed a complaint before SHO Tirurangadi, but opposite party was not amenable to change the Collar T- shirt or refund the money to complainant. Complainant not used the Collar T- shirt even for one day. It is a clear deficiency of service and unfair trade practice from the side of opposite party. Hence this complaint.
2. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 550/- the cost of the Collar T-shirt, Rs.10,000/-as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 5000/- as cost of the proceedings.
3. On admission of the complaint notice was issued to the opposite party and notice served on them and they appeared before the Commission through their counsel and filed version.
4. In their version they stated that, he is a franchisee owner and manager of second opposite party and he denied all the allegations levelled by complainant against them. He said that they started Hip Hop brand factory as a means to provide branded surplus products from the factory for cheap prices to their customers. Surplus garments are cancel shipments rejections because of quality /defects and size ratio mismatch. Most of the factories sell their surplus stock at very cheap prices compared to the actual price. They again stated that they had already made sure to advertise the factors as aforementioned. They again admitted that complainant had purchased a Collar T-shirt worth Rs. 550/- on 15/4/2022. Complainant used once or twice the above Collar T-shirt and did laundry before submitted to them for replacing/exchanging the alleged Collar T-shirt with another one. They said to complainant that, they are helpless to exchange the above Collar T-shirt to him. Then the response of complainant was unusual and he started threatening the opposite party by saying that, he will sue the opposite party in court by claiming a big amount as compensation. They again submitted that they already put certain condition which are stated in the back side of the bill given to the complainant for exchanging any product. They clearly stated that there is no guarantee for defects due to washing, abstain from using detergents, hard hand washing , drying in the sunlight etc. Another conditions are check thoroughly by taking enough time before buying products , to exchange cloths the product have to be produced in two days without doing washing or cutting and without losing, finishing and without removing sticker and there is no cash back for return of the product, only exchange or replace of the products. This complaint is only to extort money from opposite party. They again stated that behind the complaint there is a caucus working by their rival garment shop in order to dampen their growth and tarnish their image in the general public. This beneficial legislations shall not be a shield to protect people with lack of bonafides and with evil motives. In consumer cases , there are many consumers who are threatening and black mailing to extort money from opposite party as well to destroy the business by filing consumer cases like this to put them on the gun point. It affects the shop and brand value of the shop very badly. Due to the covid and day by day inflation due to the petroleum hike, the garment market is dull and stagnant. They again stated that they are going through extreme financial crisis. Hence complaint may be dismissed.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 and A2. Ext.A1 is the copy of receipt given from Tiruranagadi Police station to complainant after receiving complainant’s petition No.68149/2022 dated 19/04/2022. Ext.A2 is the copy of the bill given by opposite party to complainant on 15/04/2022. Thereafter opposite party also filed affidavit and the documents they filed were marked as Ext. B1 to B3. Ext. B1 is the copy of the bill (invoice) given by opposite party to complainant on 15/04/2022, Ext. B2 is the copy of the back side of Ext. B1 bill , Ext. B3 is the brochure of description of opposite party’s shop.
6. Heard complainant and opposite parties. Perused affidavit and documents. The following points arise for consideration:-
- Whether there is any deficiency of service and unfair trade practice on the part of opposite party.
- If so, reliefs and cost
7. Point No.1 and 2:-
Case of the complainant is that, the Collar T-shirt worth Rs.550/- purchased by him had damaged on the very first day and he had approached opposite party to change the damaged T- shirt with a new one , but opposite party not ready to change the same. But opposite party stated that, complainant had agreed to them that he had used this Collar T-shirt once or twice and did laundry before the said Collar T-shirt was submitted to them for exchange. Thereafter he started threatening them that he will approach the court by claiming a big amount as compensation.
8. Heard both parties and perused affidavits and documents. As per Ext.A2 document, it is clear that complainant had purchased three dresses from opposite party shop on 15/04/2022. The alleged Collar T-shirt in the complaint is the third item worth Rs.550/- in Ext.A2 document. As per Ext. A1, it is clear that complainant had approached Tirurangadi Police station on 19/04/2022 for filing a petition against this opposite party within four days of purchase of dresses from opposite party shop. From Ext. B1 document produced by opposite party, it is clear that complainant had purchased three dresses from their shop on 15/04/2022. From the above documents, both parties admitted that complainant had purchased some dresses from opposite party shop on 15/04/2022.
9. While perusing the affidavit and complaint filed by complainant, It is seen that one of the Collar T-shirt worth Rs.550/- had a hole in that Collar T-shirt and complainant had approached opposite party on 18/04/2022 to change the damaged Collar T-shirt with a new one. But opposite party hesitate to replace the Collar T-shirt with a new one. Moreover complainant brought the T- shirt before the Commission for clarification of the defects of the Collar T-shirt and we also found a hole in the Collar T-shirt. Moreover on 19/04/2022 that means on the fourth day of purchase of Collar T-shirt, complainant had filed a complaint before Tirurangadi Police station. But opposite party was not ready to change the Collar T-shirt with a new one or refund the amount to complainant . For their action they have so many versions which are the following.
10. From Ext.B2 document, it is clear that they had given some conditions in the back side of the bill for exchanging any product. The first one is there is no guarantee for defects due to washing by using detergents, hard hand washing and drying in the sunlight etc. But in this case opposite party did not produce any document to show that complainant had washed that Collar T-shirt before approaching them. They can easily produce an expert before the Commission that , the Collar T-shirt they sold was washed by complainant. Another condition mentioned in the bill was thoroughly checked by taking enough time before buying product. It is true that buyer is beware before purchasing a product. As per the New consumer Protection Act seller is also beware and vigilant before selling a product to a customer. Both are equally responsible for purchasing and selling a product. Moreover as per the new act, a person act as a model of the product is also responsible for the wrong advertisements given by them. So seller should be vigilant before selling a product to customer. The fourth condition clearly stated that there is no cash back for return of the product. But they admitted that they will ready to exchange or replace the products available there. In this case opposite party was not ready to exchange or replace the damaged Collar T-shirt to complainant.
11. Another contention of opposite party is that, they started brand factory as a means to provide branded surplus products from the factory for cheap prices to their customers. Surplus garments are cancel shipments, rejections because of quality /defects and size ratio mismatch. Ext.B3 is a paper submitted by opposite party regarding what is surplus garments. In that document they noted that one of the main benefits of export surplus garments is the price, they stated that one can get highest quality products at low prices. They again stated that the interesting thing to note is that price reduces with the quantity that means one can get the lowest prices if one is able to buy in large quantities. They again stated about the quality of the surplus garments and that is the garments used fabrics, threads , accessories , stitching and dying of the highest quality and are designed by world’s leading fashion designers. Moreover they stated in that document that they employ strict quality control measures and every lot is checked for different quality parameters. They again stated that they do not buy or sell inferior quality garments.
12. But in this case opposite party did not bother about the quality of the item they sold. They have no concern about the statements given by them in Ext.B3 document. Moreover they have no case that they already advertised in front of their shop about the details of surplus garments. They just stated in their version that they had already make sure to advertise the factors like surplus garments are cancel shipments, rejections because of quality or defects and size ratio mismatch .But no documents produced before the Commission to show that they had advertised the above mentioned details about the surplus garments in front of their shop. No picture about the advertisement put in front of their shop is produced before the Commission. For a common man, the price of a Collar T-shirt worth Rs. 550/- is very high. Complainant has no case that he had washed the T- shirt on the very next day. He just stated that he found a hole in the Collar T-shirt within two days and he approached the opposite party on the third day itself. So it is the duty of opposite party to replace the product with a new one. In the back side of the bill they clearly stated that ‘there is no cash back for return of the product'. But they clearly stated that there is only exchange or replace of products available there. They even not showing in the back side of the bill that they will not replace the product with a new one.
13. The poor consumers are not aware about the quality and details of surplus products. The price of the Collar T-shirt is also not so low. There is no documents to show that complainant had washed the Collar T- shirt on the very next day or before coming to opposite party shop on the third day. Another contention of opposite party is also not believable. They stated that complainant had evil motive which affects the reputation of opposite party shop and injures the good will of that shop. They again stated that complainant filed this complaint to extort money from them. But that statements are also not believable. Complainant clearly showed the hole in the Collar T-shirt before the Commission. Another funniest thing in the version of opposite party is that behind the complaint, there is a caucus working by their rival garments shops in order to dampen their growth and tarnish, their image. But nothing produced to prove their averments. Another thing submitted by opposite party is that nowadays, the beneficial legislations like Consumer Protection Act are highly misused and exploited by people .They again stated that the consumers are threatening and black mailing the opposite parties for getting money from them and to destroy the business of opposite party by filing consumer cases like this to put them on the gun point. From the above facts we are on the opinion that some common statements are rendered by opposite party before the Commission without any proof. In this case complainant produced the Collar T-shirt with hole before the Commission and we also got convinced the same. We are not thinking that complainant filed this complaint to extort money by threatening and black mailing the opposite party . In this case there is clear deficiency in service and unfair trade practice from the side of opposite party. Opposite party can easily settle the matter by replacing the damaged Collar T-shirt with a new one without sending the complainant before Consumer Commission. Regarding the quality, opposite party stated in their Ext. B3 document that the export surplus garments use fabrics, threads, accessories , stitching and dying of the highest quality and are designed by world’s leading fashion designers. Nowhere they are stated that the surplus garments are lowest quality products. There is no advertisement to show that they are selling lowest quality products. After coming before the Commission, opposite party was not ready to replace the damaged Collar T-shirt. It is a clear deficiency in service. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
14. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.550/- (Rupees Five hundred and fifty only) the cost of the Collar T-shirt to the complainant.
- The opposite party is directed to pay compensation of Rs.5,000/-(Rupees Five thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.1,000/- (Rupees One thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 26th day of April, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 & A2.
Ext.A1 : Copy of receipt given from Tiruranagadi Police station to complainant after
receiving complainant’s petition No.68149/2022 dated 19/04/2022.
Ext.A2 : copy of the bill given by opposite party to complainant on 15/04/2022.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B3
Ext.B1 : Copy of the bill (invoice) given by opposite party to complainant on
15/04/2022.
Ext.B2 : Copy of the back side of Ext. B1 bill.
Ext.B3 : Brochure of description of opposite party’s shop.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
