Haryana

Kurukshetra

CC/415/2019

Sanket Saini - Complainant(s)

Versus

Mantra Designs - Opp.Party(s)

Gaurav Sharma

16 Dec 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No.415 of 2019.

Date of Instt.:11.9.2019.

Date of Decision:16.12.2019.

 

Sanket Saini s/o Shri Randhir Saini, r/o H.No.1059/A, Bhagwan Nagar Colony, Pipli, District Kurukshetra

•  

 

1. Mantra Designs Pvt. Ltd., 3^rd Floor, AKR Tech Park-B Block, Krishna Reddy Industrial Area, 7^th Mile, Kudlu Gate, Bangalore-560068, Karnataka.
2. Duke Fashions India Pvt. Ltd., G.T. Road, West, near Jallandar Bye Pass, Ludhiana, Punjab-141008.

                ….…Opposite parties.

 

Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                                                   

Present:     Shri Gaurav Sharma, Advocate for the complainant.        

                Opposite Parties No.1 & 3 ex-parte.

Opposite party No.2 give-up.             

 

ORDER

                   This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by the complainant Sanket Saini against Mantra Designs and others, the opposite parties.

2.             The brief facts of the complaint are that the complainant is a regular user of OP No.1 and on 30.6.2019, he saw an advertisement on mantra of T-shirts of OP No.2 alongwith shorts of OP No.3. On 30.6.2019, he ordered for purchase of Roadster Pack of 3 T-shirts of XL size alongwith Duke Men Grey and white Solid Regular Fit Shorts Mantra vide order No.1113787-3575643-6135303. On the basis of that order, on 04.7.2019, he received Duke Men Grey and While Solid Regular Fit Shorts and on 06.7.2019, the pack of 3 T-shirts was also delivered. After receipt of  both items, he tried to wear one t-shirt and one grey colour shorts and found that the size of t-shirts was loose, but the size of the shorts was absolutely fine. Thereafter, on 06.7.2019, he requested to exchange t-shirts from XL size to L size and that was confirmed by OPs on the day against
Exchange Order No.1114297-3117694-1290603 and on 10.7.2019, he received the exchange item. There was price tag above one of three t-shirts. That when he wanted to wear white shorts on 15.7.2019, he saw that there is manufacturing defect in it and that’s why he drew request for the exchange on the very day and that was confirmed by the OPs against Exchange Order No.1115079-6195462-8305201. Similarly, the complainant tried to wear t-shirt and found that they are small in size. That on 15.7.2019, he made a request of return of those t-shirts and same was accepted by the OPs against return No.4048544623. On 18.7.2019, he received a mail from Mantra Customer Care that his request for Return and Exchange has been declined. On 27.7.2019, he talked to Mantra customer care, who assured to resolve the issue within two days, but till date, there is no solution to this problem. He issued a legal notice dated 02.8.2019 to the OPs through his counsel through registered post, but did not any reply from the OPs. On 21.8.2019 and thereafter on 23.8.2019, he received an email from the Case Manager-Escalation Desk and request for two days time to resolve the issue. That on 04.9.2019, he again wrote to the Myntra, but did not get any reply. This way, the OPs are deficient in services. Hence, this complaint.

3.             Upon notice, none appeared on behalf of the OPs No.1 & 3 before this Forum, therefore, they were proceeded against ex-parte vide order dated 22.10.2019. Moreover, the complainant has given a statement regarding given up the OP No.2 and accordingly, the OP No.2 has ordered to be given-up vide order dated 22.10.2019.

4.             The complainant tendered affidavit Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-8 and closed the evidence.

5.             We have heard learned counsel for the complainant and have perused the case file carefully.

6.             At the outset, the first and foremost question arises before this Forum for consideration is “whether the complainant is a consumer qua the OPs as envisaged u/s 2(1)(b) of the Consumer Protection Act, 1986 or not". No doubt, the complainant failed to produce the bill regarding purchasing the articles in question from the OPs, but in the Email Ex.C-2, the OP No.1 confirmed the order bearing No.113787-3575643-6135303 (as alleged by the complainant), so the complainant is a consumer qua the OPs. The learned counsel for the complainant has argued that on 30.6.2019, the complainant booked an order for Roadster Pack of 3 T-shirts of XL size alongwith Duke Men Grey and white Solid Regular Fit Shorts Mantra vide order No.1113787-3575643-6135303. After receipt of both items, he tried to wear one t-shirt and one grey colour shorts and found that the size of t-shirts was loose and on his request, the OP No.1 exchanged the same. On 15.7.2019, he found that there is manufacturing defect in one white shorts and requested the OPs for the exchange vide Exchange Order No.1115079-6195462-8305201. Similarly, the complainant tried to wear t-shirt and found that they are small in size and made request of return of those t-shirts against return No.4048544623, but till today, despite various communications through telephonically/emails, the OP No.1 did nothing. To support his case, the complainant produced his affidavit as Ex.CW1/A alongwith documents Ex.C1 to Ex.C8, whereas, OP No.2 was given up and none of the OPs No.1 & 3 have appeared before this Forum to rebut the above-said version of the complainant and opted to be proceeded against ex-parte. So, the evidence adduced by the complainant goes unrebutted and unchallenged against OP No.1 and thus, we have no option, but to accept the version of the complainant, which is duly supported by his affidavit and other supporting document. In these facts and circumstances of the case, we are of the considered view that the articles purchased by the complainant from the OP No.1 were defective one and OP No.1 has failed to resolve the grievances of the complainant in this regard. Hence, the OP No.1 deficient while rendering services to the complainant, thus the OP No.1 is liable to refund the total price amounting Rs.1098.98 (Rs.406.99 Duke Men Grey Solid Regular Fit Shorts + Rs.691.99 Roadster Pack of 3 T-shirts) to the complainant. Since there is no specific allegations against the OP No.3 i.e. Duke Fashions India Pvt. Ltd. and even it has no role to play in the dispute, therefore, complaint qua OP No.3 stands dismissed.   

7.             In view of the aforesaid discussion, we hereby dismiss the present complaint against the OP No.3 i.e. Duke Fashions India Pvt. Ltd. and allow the same against the OP No.1 and direct the OP No.1 in the following manner:-

1. To refund total amounting Rs.1098.98 to the complainant, subject to return the defective articles in question to the OP No.1.  
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant alongwith litigation expenses.

                The OP No.1 is further directed to comply with the aforesaid directions within the period of 30 days from the date of preparation of certified copy of this order, failing which, the complainant shall be entitled interest @9% per annum from the date of order till actual payment and the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open Forum:

Dt.:16.12.2019.                                                   (Neelam Kashyap)

                                                                        President.

 

(Issam Singh Sagwal),         (Neelam)       

Member                             Member.