Haryana

Ambala

CC/204/2019

Puneet Goel - Complainant(s)

Versus

M/s Kidar Nath and Sons - Opp.Party(s)

Adit Aggarwal

08 Sep 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case No.:  204 of 2019.

                                                          Date of Institution           :    01.07.2019.

                                                          Date of decision    :    08.09.2021.

 

Puneet Goel s/o Sh. Mahender Kumar Goel, aged about 37 years, r/o 8A, Jain Nagar, Yamuna Nagar.

 

                                                                                      ……. Complainant.

                                                     Versus

 

1.       M/S Kidar Nath and sons, 5616, Nicholson Road, Ambala Cantt, through its proprietor/authorized representative.

2.       M/s Eyesite, 5616 Nicholson Road, Ambala Cantt., through Mr. Sudesh     Aggarwal.

               ..…. Opposite Parties.

         

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Shri Adit Aggarwal, Advocate, counsel for the complainant.

None for the OPs.

 

Order:        Smt. Neena Sandhu, President

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund Rs.3500/-, paid by the complainant in advance, for purchase of eye glasses of Lenskart & two frames for eye glasses.
2. To pay Rs.75,000/- as compensation as mental agony and physical harassment suffered by him.
3. To pay Rs. 22,000/-  as litigation expenses.

 

Brief facts of the case are that on 21.04.2019, complainant had visited the shop of OP No. 2, at Ambala and placed order for lenses and two frames of eye glasses of Lenskart company. Complainant paid Rs.3500/-, to the OP No.1, vide payment acknowledgment receipt dated 21.04.2019. On 25.04.2019, complainant visited the shop of OPs, to collect the goods, but the OP No.2 delivered him different products than ordered by him. OP No 2 had delivered two eye glasses frames having number NO0001-Zero Four hour-National and glasses of Glass-Swiss-GKB Hi Tech-blue Arc vide invoice No.EY-28 dated 24.04.2019 and not of the Lenskart Company as ordered by him. When the complainant objected then OPs started misbehaving with him and straight away told him that if he does not want the offered eye glasses, he can leave without any goods. Complainant asked for refund of the advance money, but the OPs instead of refunding the amount had threatened him with dire consequences. OPs are cheating the customers by showing the branded products of Lenskart Company and after receiving the payment in advance from the customers are delivering them, the sub standard products of other brands. The OPs by not delivering the goods as ordered by the complainant and further refusing to refund the amount paid by the complainant in advance, had not only committed deficiency in service but are also indulged into unfair trade practices. Hence, the present complaint.

2.                 Upon notice, OPs appeared through authorized representative and filed written version stating therein that on 21.04.2019, complainant visited the shop and selected National eye frames and paid Rs. 3500/-. On 25.04.2019, complainant visited the shop and collected the national eye frames as per sale invoice and went satisfied. After 3 months of purchase of the said products, complainant has filed the present complaint, just to harass them. It is further stated that complete details of products are mentioned on the invoice and no where it is mentioned ‘Lenskart’ in the said invoice. The product supplied is as per the specifications mentioned in the sale invoice. On 22.06.2019, OPs called the complainant on phone to enquire about the complaint but he did not pick up the phone. There is no deficiency in service on the part of OPs thus the complaint filed against them is liable to be dismissed with costs. 

3.                Complainant tendered his affidavit as Annexure-CA along with documents as Annexure C-1 and C-2 and closed the evidence. However, it is pertinent to mention here that the OPs failed to lead any evidence despite availing various opportunities, therefore, evidence of the OPs have been closed by the order of this Commission on 29.04.2021.

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

5.                The learned counsel for the complainant has argued that the complainant placed an order with the OPs, for purchase of Lenses and two eye glass frames of Lenskart Company and paid Rs.3500/-, in advance vide payment acknowledgement receipt dated 21.04.2019, Annexure C-1. OPs instead of giving him the products of the Lenskart company, had given the sub-standard products of some other company, as is evident from the invoice dated 24.04.2019, Annexure C-2.

6.                None appeared on behalf of OPs to argue the matter, however, in the written version, OPs admitted the factum of payment of Rs.3500/-, by the complainant and stated that complainant collected the national eye glass frames as per the sale invoice after being fully satisfied. The complete detail of the products have been mentioned in the invoice and no where it is mentioned ‘Lenskart’ in the said invoice. After three months of the purchase of the products, complainant has filed the present complaint, just to harass them and prayed that the same may be dismissed with costs.

7.                From the perusal of the payment acknowledgement receipt dated 21.04.2019, Annexure C-1, it is evident that in the Colum Eye frame Prod.-ID 5160-C-7 and in the Colum sunglass prod. ID-5160-C-1, has been mentioned. Whereas, in the invoice dated 24.04.2019, Annexure C-2, in the colum, ‘Product Details’, it has been mentioned as under:-

SL NO	PRODUCT DETAILS	PRICE
1.	FRAME-NO0001-Zero Four Hour-NATIONAL	Rs.1680.00      -680.00
2.	FRAME-NO0001-Zero Four Hour-NATIONAL	Rs. 1680.00        -680.00
3.	GLASS-SWISS-GKB Hi TECH-blue arc	Rs. 1500-00        -750.00
4.	GLASS-SWISS-GKB Hi TECH-blue acr	Rs. 1500.00        -750.00

 

                    The specification of the goods mentioned in payment acknowledgment receipt dated 21.04.2019 is different from the specification of the goods mentioned in the invoice dated 24.04.2019. The specification mentioned in the abovesaid document does not match with each other, which clearly shows that the OPs did not provide the goods as ordered by the complainant. The said act of the OPs amounts to deficiency in service, thus they are liable to refund the amount of Rs.3,500/-, paid by the complainant. They are also liable to compensate the complainant for the mental agony and physical harassment suffered by him, alongwith litigation expenses.

8.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-

1. To refund Rs.3500/-, paid in advance by the complainant.
2. To pay Rs.3,000/- as compensation for mental agony and physical harassment suffered by the complainant.
3. To pay Rs.2,000/- as litigation expenses.

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which, they shall pay interest @ 5% per annum on the awarded amount from the date of this order i.e.08.09.2021,  till its realization. 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.

Announced on :08.09.2021.

 

(Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

           Member                             Member                    President

                                                                                       DCDRC, Ambala.