BEFORE THE DISTRICT CONSUMER DISPUTESREDRESSAL COMMISSION, JALANDHAR
Complaint No.109/2020
Date of Instt. 11.02.2020
Date of Decision: 09.02.2021
Ritika D/o Parmod Chand Rana R/o 135-A, Bunga Colony, Near Peace Avenue, Deep Nagar, Jalandhar Cantt.
..........Complainant
Versus
Modella Shop through its Authorized Signatory/Manager/Proprietor/Partner 703, Model Town Masand Chowk, Jalandhar.
…....Opposite Party
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt.Jyotsna (Member)
Present: Sh. Gurcharan Singh, Adv Counsel for the complainant.
Opposite Party exparte.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the family function of the complainant was to be held on 30.07.2019 and for that purpose, the complainant intended to purchase New Lehanga Set for the celebration of family function at Himachal Pradesh. That on 23.07.2019, the complainant visited showroom of Opposite Party and selected a new lehanga set i.e.Lehanga and two velvet dupttas and at that time the complainant intimated the opposite party that she intends to purchase the said lehanga set if the same will be delivered to the complainant after final finishing/alteration on or before 26.07.2019. The above said dupttas needed to be dyed of golden colour and the opposite party induced the complainant and assured her that they will deliver the lehanga set i.e. Lehanga and two velvet dupttas to her after finishing/alteration tomorrow. Relying on their assurance, the complainant was forced to purchase Lehanga set from the opposite party vide Invoice No.T/19-20/1035 dated 23.07.2019 for the sum of Rs.12,650/-. At the time of purchase of the said Lehanga Set, the complainant intimated the date of function i.e. 30.07.2019 to the opposite party and the opposite party assured the complainant that they will deliver the said Lehanga Set i.e. Lehanga and two velvet dupttas to the complainant on or before 26.07.2019 after finishing/alternation of the same. Copy of the Invoice is attached herewith as Ex.C-1.
2. That the Complainant approached the opposite party and requested them qua to the delivery of the lehanga set as per assurance given by the opposite party but the opposite party did not deliver the same. On 26.07.2019 the complainant visited the opposite party to take delivery of the lehanga i.e. Lehanga and two velvet dupttas but the opposite party told to the complainant that dupttas are not still dyed and the opposite party will deliver the Lehanga set at the home of the complainant shortly, but the opposite party failed to deliver the same. The opposite party is bound to deliver Lehanga Set to the complainant as assured by the opposite party on or before 26.07.2019. The oppositeparty has failed to deliver the lehanga set till 26.07.2019 and this fact is within knowledge of the opposite party. The opposite party has not delivered Lehanga Set as professed to the complainant on or before 26.07.2019. Even number of visits by the complainant in this regard proved a failure. The complainant was forced to attend the function without that lehanga and as a result of which the complainant suffer humiliation and mental agony. The complainant intended to purchase other lehanga set for this special occasion. That the said conduct of the opposite party amounts to unfair trade practice and deficiency in service to the complainant. Under these circumstances, it is therefore, respectfully prayed that the complaint of the complainant may kindly be accepted and the opposite party may be directed to pay Rs.12,650/- being cost of Lehanga set alongwith upto date interest at the rate of 18% p.a. and Rs.50,000/- due to unfair trade practice and deficiency in services by the opposite party and is also entitled for Rs.30,000/- for causing mental harassment and mental agony and Rs.22,000/- as legal expenses including the counsel fee, in the interest of justice.
3. After formal admission of the complaint, Notice of the complaint was issued to the Opposite Party and OP refused to receive the notice on 5.3.2020 and none has appeared on behalf of the OP and consequently, OP was proceeded against exparte on 09.03.2020.
4. At the time of filing of complaint, Counsel for Complainant also filed Affidavit of Complainant as Ex.CA along with Copy of the Invoice as Ex.C1, copy of Legal notice as Ex.C-2 and Postal Receipt as Ex.C-3
5. We have heard the arguments of Ld. Counsel for the Complainant and also gone through the case file very minutely.
6. The complainant has produced her affidavit on the record in support of her case as Ex.C-A on the record. Ex.C-1 is copy of bill dated 23.07.2019 for amount of Rs.12,650/-. Ex.C-2 is copy of legal notice dated 01.11.2019. Ex.C-3 is copy of postal receipt thereof.
7. On the hand, OP has not produced any evidence in support of their case because it was proceeded exparte by this Commission vide order dated 09.03.2020.
8. It is established fact that the complainant is consumer of OP who availed the services of OP and OP is service provider in this case. It is an established fact that complainant selected lehnga and intimated OP the date of function i.e. 30.07.2019 and OP assured the complainant that they will deliver the said lehnga set i.e. Lehnga and two valvet dupttas to the complainant on or before 26.07.2019 after finishing/alteration of the same. The complainant approached OP and requested them qua delivery of the Lehnga set as per assurance given by the OP but OP failed to deliver the same in time. When the complainant visited the OP on 26.07.2019 to take delivery of the above said lehnga set i.e. Lehnga and two valvet dupttas but OP told her the same are not still dyed and OP will deliver the same at her home shortly. But OP failed to deliver the same in time.
9. From considering the facts and circumstances of the case, we are of the opinion that the lapse on the part of OP is proved because OP has failed to deliver the Lehnga set in question to the complainant in time as per their assurance. The cost of Lehnga in question is Rs.12,650/, this fact is clear from cash memo Ex.C-1 on the record. At the time of purchase the above said Lehnga complainant intimated OP that the date of function i.e. 30.07.2019 and OP assured her to deliver the same to her before 26.07.2019 after furnishing the same. But he failed to do so. If OP cannot deliver the same then OP should not assured the complainant that they will deliver the Lehnga set in question on or before 26.07.2019.
10. In the light of our above discussion, we are of the considered opinion that OP is deficient in service as well as indulged in unfair trade practice on its part. Therefore, we allow the complaint of the complainant and OP is directed to pay Rs.12,650/- to the complainant as cost of Lehnga as per cash memo Ex.C-1 on the record. The complainant is further entitled Rs.1000/- as compensation and Rs.500/- as cost of the litigation.
11. The compliance of the order be made within one month from receipt of copy of this order.
12. Copies of the order be sent to the parties, as permissible, under the rules.
13. File be indexed and consigned to the record room its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
9th Day of February 2021
(Kuljit Singh)
President
(Jyotsna)
Member
