DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.62 of 10-01-2014

Decided on 06-05-2014

Mukesh Kumar aged about 32 years S/o Darshan Kumar R/o village Balluana, Tehsil & District Bathinda.

........Complainant

Versus

M/s J.P Fashions, Cloth Merchants, Shop No.105, Wholesale Cloth Market, Bathinda, through its Partner/Proprietor.

.......Opposite party

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

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Rakesh Mangla, counsel for the complainant.

For Opposite party: Sh.Rajdeep Goyal, counsel for the opposite party.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). Briefly stated the case of the complainant is that on 1.5.2013, he alongwith his friend visited the shop of the opposite party and purchased one Raymond's make suiting and shirting (One piece/length each) i.e. 1.20 meter and 1.60 meter respectively for Rs.1861/- vide invoice No.150 dated 1.5.2013. At the time of selling of the abovesaid clothes the opposite party assured the complainant that as the product is of the Raymond's make, so it is of very good quality and there would be no complaint like shrinkage, boor etc. After selling of the abovesaid clothes the opposite party offered the complainant for their stitching from its own tailor sitting in its shop/premises with the assurance that its tailor is expert one and there would be no complaint in stitching his pant-shirt. Accordingly, the complainant got stitched the abovesaid clothes from the said tailor and opposite party charged the amount of Rs.700/- for stitching on behalf of its tailor. However, no bill or receipt has been issued by the opposite party or by tailor of the opposite party to the complainant regarding the charges of Rs.700/- despite his demand. The opposite party issued a 'katchi' receipt for collecting the stitched clothes. The said tailor has delivered the stitched clothes to the complainant after about 20 days vide 'katchi' receipt issued by the opposite party. In the month of July, 2013, the complainant went to a trip in the summer vacations and used the abovesaid clothes in the trip and on returning to his house, he got the same washed and noticed that after washing, the size of the stitched clothes became shortened about 1-1/2 to 2 inches due to the shrinkage. In the month of August, 2013 the complainant visited the shop of the opposite party and complained about the defect for which the opposite party started blaming its tailor for wrong stitching and when the complainant and tailor cleared the picture, the opposite party admitted that the clothes have become shorted due to their shrinkage and advised him to leave them so that it may be able to get them checked and inspected and to bring them in the notice of the company officials so that the abovesaid clothes could be got replaced with new one and asked him to come after about 15-20 days. The complainant again visited the shop of the opposite party after about 20 days, but the opposite party postponed the matter on one or the other pretext. In the last week of September, 2013 the complainant again visited the shop of the opposite party, but the opposite party returned him the abovesaid clothes on the pretext that the company officials have not visited and it is unable to attend the complaint and further denied to replace the abovesaid clothes with new one or to make their refund. The opposite party did not give the reply to the legal notice dated 30.11.2013 got served by the complainant. The complainant further alleged that due to shrinkage, the abovesaid pant & shirt are not usable. Hence the present complaint filed by the complainant to seek the directions of this Forum to the opposite party to refund the amount of Rs.2561/- (Rs.1861 for pant and shirt + Rs.700/- as stitching charges) alongwith interest, cost and compensation or to give him any other additional, alternative or consequential relief for which he may be found entitled to.

2. The opposite party after appearing before this Forum has filed his written statement and pleaded that the complainant has purchased Raymond's make suiting & shirting (One piece/length each) i.e. 1.20 meter and 1.60 meter respectively for Rs.1861/-. The complainant purchased the piece of the abovesaid clothes with a pre-determined mind after fully satisfied regarding their quality and their carefully checking. The opposite party did not charge the amount of Rs.700/- from the complainant on behalf of the tailor on account of stitching charges and never issued any katchi receipt in his favour for stitching of the pant-shirt in question. The opposite party further pleaded that the averments regarding the shrinking of the suit after washing are totally false. There is no question of shrinking the abovesaid clothes as neither the complainant approached the opposite party nor lodged any complaint regarding the shrinking of the clothes. The complainant has been using the abovesaid clothes for more than 6 months and has filed the present complaint on the false facts. The opposite party further pleaded that it has sold the clothes from the same lot to the different persons, but it has not received any complaint regarding the shrinkage of the clothes from any customer till date. Furthermore, if there would have been any complaint of shrinking in the clothes, the same would have come to the knowledge immediately after first wash of the suit but the complainant has been using the suit for the last more than 6 months and question of shrinking of the clothes after more than 6 months from the date of their purchase, does not arise at all and speaks the volume of the concoction of the entire story by the complainant. The opposite party denied that it asked the complainant to leave the pant-shirt in order to show the same to the company or it assured him to get replaced the abovesaid clothes with new one.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. Admitted facts of the parties are that the complainant has purchased one Raymond's make suiting and shirting (One piece/length each) i.e. 1.20 meter and 1.60 meter respectively for Rs.1861/- vide invoice No.150 dated 1.5.2013.

6. The disputed facts of the parties are that the complainant submitted that at the time of selling of the abovesaid clothes the opposite party assured the complainant that there would be no complaint regarding shrinkage and offered him for their stitching from its own tailor sitting in its shop/premises and charged the amount of Rs.700/- for stitching on behalf of its tailor. The said tailor has delivered the stitched clothes to the complainant after about 20 days. In the month of July, 2013, the complainant went to a trip in the summer vacations and used the abovesaid clothes in the trip and on returning to his house, he got the same washed and found that after washing, the size of the stitched clothes became shortened about 1-1/2 to 2 inches due to their shrinkage. In the month of August, 2013 the complainant visited the shop of the opposite party and requested it to replace the abovesaid clothes, but to no avail. The complainant has got served a legal notice dated 30.11.2013 to the opposite party. The opposite party further submitted that Charanjit Sharma @ Lali is working as a tailor under the name & style of M/s Lali Tailors, Near Gurudwara Sahib, Village Balluana and has inspected the pant-shirt in question and gave his opinion vide his affidavit, Ex.C5, that the said defect in the pant-shirt has occurred due to shrinkage.

7. On the other hand the submission of the opposite party is that neither it has recommended any person to get his clothes stitched from its tailor nor gave a 'katchi' receipt to the complainant nor has charged the amount of Rs.700/- from him. The opposite party further submitted that the complainant has used the abovesaid clothes for 6 months. There is no question of shrinking of the abovesaid clothes as neither the complainant approached the opposite party nor lodged any complaint regarding the shrinkage of the clothes. At the time of purchase of the abovesaid clothes the complainant was fully satisfied with their quality and after carefully checking, he purchased the clothes in question from the opposite party.

8. In his evidence, the complainant has placed on file, Ex.C5 i.e. affidavit of Charanjit Sharma @ Lali S/o Madan Lal R/o Village Balluana, District Bathinda, he has deposed in his affidavit, Ex.C5, that he is working as tailor for the last about 10 years at village Balluana under the name and style of M/s Lali Tailors, Near Gurudwara Sahib and has sufficient experience in the tailoring work. He personally knows the complainant Mukesh Kumar and his family. About a week back, on the request of Mukesh Kumar, he inspected duly stitched Raymond's make suiting and shirting (i.e. stitched pant and shirt) and from inspection, he was of the opinion that there was no fault in the stitching work, rather due to poor quality of clothes, the stitched clothes have become un-wearable due to shrinkage. A minute perusal of Ex.C7 and Ex.C8 shows that there is some shrinkage marks/wrinkles in the clothes in question despite being ironed.

9. On the other hand the opposite party has placed on file in its evidence, Ex.OP1/1 i.e. affidavit of Mehak Garg, Partner of M/s J.P Fashions, she deposed in her affidavit, Ex.OP1/1, that the complainant has used the clothes for more than 6 months and thereafter filed the present complaint on false facts', but this plea of the opposite party is not tenable as the opposite party has not placed on file the same type of cloth or remaining length or any other evidence in this regard that the clothes were not prone to shrinkage, which shows that the opposite party has not intentionally placed on file the lengths from which the pant and shirt have been given to the complainant. Thus this proves the version of the complainant that pant and shirt became useless after the wash due to shrinkage. There is no record placed on file by the complainant to show that the abovesaid clothes have been stitched by the tailor of the opposite party or on the recommendation of the opposite party.

10. Therefore in view of what has been discussed above we are of the considered opinion that the clothes sold to the complainant is defective, thus there is unfair trade practice on the part of the opposite party. Hence this complaint is accepted with Rs.5000/- as cost and compensation against the opposite party. The opposite party is directed to refund the amount of Rs.1861/- (i.e. as per Ex.C1) to the complainant and at the same time the complainant will handover the pant-shirt in question to the opposite party.

11. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

12. In case of non-compliance, the interest @ 9% per annum will yield on the amount of Rs.1861/- till realization.

13. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

06-05-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member