BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 36 of 2018                                                                           

                                                      Date of Institution         :    18.01.2018

                                                          Date of Decision   :    29.11.2018.

Pawan Bishnoi, Advocate, District Courts, Sirsa, District Sirsa.

                      ……Complainant.

                             Versus.

M.K. Creations, Mahi Boutique, Opposite She & She Show Room, Fashion Camp Street, Rori Bazar, Sirsa, through its proprietor.

                                                                     ...…Opposite party.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SH. R.L.AHUJA…………………………PRESIDENT

SH. ISSAM SINGH SAGWAL …… MEMBER.

Present:       Sh. Rakesh Bajaj,  Advocate for the complainant.

                   Opposite party exparte.

ORDER

                   The case of the complainant in brief is that complainant and his family had to attend the marriage function of daughter of Shri Surinder Bhatia on 28.11.2017 and for that the complainant alongwith his wife visited the showroom of op for purchasing a gown for his wife. The wife of the complainant selected a gown and inquired about its quality and price etc., whereupon the op told the complainant that there will be no defect in the workmanship of this gown and if any such defect is found in the same, he will replace the same. The complainant purchased the said gown from op vide invoice no.135 dated 24.11.2017 for a sum of Rs.4550/-. That on 28.11.2017, when wife of complainant tried to wear the said gown for attending the marriage function, the same was torn and thus she could not wear the same and she had to wear some old garments for said marriage function. It is further averred that there being no alternative arrangement, wife of complainant attended the said marriage function with old clothes and suffered much humiliation in the presence of several guests, her friends and other nears and dears. In this manner, the op sold and supplied a substandard gown to the complainant. That on the next day i.e. 29.11.2017, the complainant visited the op and reported the above defect in the gown and humiliation suffered by his wife and also raised a protest for selling a substandard gown to him, but op instead of listening to the complainant misbehaved with him and insulted him. The op refused to replace the said defective and substandard gown. That complainant also got served a legal notice upon up on 20.12.2017 but of no use. Hence, this complaint.

2.                On notice, initially opposite party appeared through his counsel  and sought several opportunities for filing written statement including seven last opportunities but did not file the same and on 12.11.2018 none appeared on behalf of op and therefore, op was proceeded against exparte.

3.                The complainant produced his affidavit Ex.CW1/A, copy of invoice Ex.CW2, copy of legal notice Ex.C3, postal receipt Ex.C4 and acknowledgment Ex.C5.

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

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A wherein he has reiterated all the averments of his complaint. In support, he has also placed on file copy of invoice Ex.CW2 vide which the complainant had purchased the gown in question for his wife from the opposite party for a sum of Rs.4550/-. The complainant has also furnished copy of legal notice dated 20.12.2017 Ex.C3. The pleadings and the evidence led by the complainant remained unchallenged and unrebutted as the opposite party has failed to contest the complaint and ultimately opted to be proceeded against exparte. As such the complainant is entitled to refund of the price of the gown and is also entitled to compensation from the opposite party.

6.                In view of the above, we allow the present complaint and direct the opposite party to refund the price of the gown i.e. Rs.4550/- to the complainant. We also direct the opposite party to further pay a sum of Rs.2000/- as composite compensation and litigation expenses to the complainant. The opposite party is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @7% per annum on the principle amount of Rs.4550/- from the date of order till actual realization. If the gown is lying with the complainant, then he will have to return the same to op.  A copy of this order be supplied to the parties as per rules. File be consigned to the record room.   

Announced in open Forum.                                                                President,

Dated:29.11.2018.                                      Member                District Consumer Disputes

                                                                                                   Redressal Forum, Sirsa.