Punjab

Sangrur

CC/585/2019

Daljit Singh - Complainant(s)

Versus

M/s Johar Sons - Opp.Party(s)

Sh.S.S.Dhindsa

29 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 585

 Instituted on:   13.11.2019

                                                                         Decided on:     29.01.2024

 

Daljit Singh aged 32 years son of Gobinder Singh, Resident of Village Rajomajra, Tehsil Dhuri, District Sangrur Mob.No.98144-81015.

                                                         …. Complainant 

                                                 Versus

1.             M/s. Johar Sons Patiala Gate, Sangrur through its Proprietor 148001.

2.             Numero Uno Clothing Ltd. Paras Trade Centre, 6^th Floor, Sector-2, Gwal Pahari, Gurgaon-Faridabad Road, Gurgaon (HR) 122003 through its Business Manager.

                                                        ..Opposite parties

 

 

For the complainant    :       Shri S.S. Dhindsa, Adv.

For the OPs                  :       Exparte.

 

Quorum                                           

Jot Naranjan Singh Gill, President

Sarita Garg, Member

                        Kanwaljeet Singh, Member

ORDER

SARITA GARG, MEMBER:

 

1.             Complainant  has preferred the present complaint against the opposite parties  on the ground that  the complainant approached the OP number 1  and purchased  T-shirt colour Peach/Pink Numero Uno size M 1.02 MTr. Reg.No. CLM/220 HAR vide bill number 1365 dated 17.7.2019 for Rs.700/- and the product was having one year warranty. The grievance of complainant is that in the first wash of the t-shirt the colour got faded and as such the complainant approached OP number 1 for the same, but the OP number 1 flatly refused to change the t-shirt and verbally told the complainant that they have no responsibility for the same. The complainant also sent an e-mail on 1.8.2019 to the OP number 2 and in the reply OP number 2 told the complainant to submit the article at store of OP number 1 and store will courier to them for QC check then the complainant submitted the T-shirt at OP number 1 on 6.8.2019 and also intimated to OP number 2 about this development. Though thereafter the complainant approached the OPs, but the OPs refused to do anything. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to replace the T shirt with a new one of the same cost or to refund its price and further claimed compensation and litigation expenses.

2.             Record shows that OP number 1 was proceeded against exparte on 28.7.2022 as neither the OP number 1 appeared nor filed written reply to the complaint. OP number 2 was also proceeded against exparte on 30.01.2020.

3.             The learned counsel for the complainant has produced   Ex.C-1  copy  of  bill, Ex.C-2 copy of e-mail, Ex.C-3 copy of product, Ex.C-4 affidavit and Ex.C-5 copy of aadhar card and closed evidence.

4.             We have perused the complaint and heard the arguments of the learned counsel for the complainant.

5.             The learned counsel for the complainant has argued that the complainant approached the OP number 1  and purchased  T-shirt colour Peach/Pink Numero Uno size M 1.02 MTr. Reg.No. CLM/220 HAR vide bill number 1365 dated 17.7.2019 for Rs.700/-, copy of which on record is Ex.C-1 which shows that the complainant purchased the said T shirt from OP number 1. It is further argued that the product was having one year warranty. The learned counsel for the complainant has further argued that in the first wash of the t-shirt the colour got faded and as such the complainant approached OP number 1 for the same, but the OP number 1 flatly refused to change the t-shirt and verbally told the complainant that they have no responsibility for the same. The complainant also sent an e-mail on 1.8.2019 to the OP number 2 and in the reply OP number 2 told the complainant to submit the article at store of OP number 1 and store will courier to them for QC check then the complainant submitted the T-shirt at OP number 1 on 6.8.2019 and also intimated to OP number 2 about this development, which version is supported by the copy of email Ex.C-2. The complainant has also produced Ex.C-4 sworn affidavit to corroborate the contention of the complainant. We may mention that the OPs chose to remain exparte.  In the circumstances, we find that the complainant has successfully proved his case by producing cogent, reliable and trustworthy evidence on record which is unrebutted. As such, we are of the considered opinion that the complaint deserves to be allowed.

 

6.             In view of our above discussion, we allow the complaint and direct OP number 1 to refund to the complainant an amount of Rs.700/- being the cost of T- shirt. We further direct OP number 1 to pay to the complainant an amount of Rs.2,000/- on account of consolidated amount of compensation for mental tension, agony, harassment and litigation expenses.

 

7.             This order be complied with within a period of sixty days of its communication.

 

8.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

9.             Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance. 

                             Pronounced.

                             January 29, 2024.