DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 440/2018
D.No.__________________ Date: ___________________
IN THE MATTER OF:
Ms. MANJU JAIN,
D/o SH. NAGIN CHAND JAIN,
R/o BH-467 (EAST),
SHALIMAR BAGH, DELHI-110088.… COMPLAINANT
Versus
1. M/s MANCHANDA STORE,
18-19, AL BLOCK, DDA MARKET,
SHALIMAR BAGH, DELHI-110088.
2. KIRAN ENTERPRISES,
218, KAMLA BHAWAN,
2nd FLOOR, SHARMA INDL. ESTATE,
WALBHAT ROAD, GOREGAON (EAST),
MUMBAI-400063. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 12.07.2018
Date of decision:23.10.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OPs under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant purchased five nights suits as per OP advice regarding quality and colour with payment of Rs.4,365/- vide cash memo (cash memo colour destroyed) on 23.08.2017 and the complainant paid the amount through debit card. The complainant
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further alleged that the complainant was shocked when after 1st washing the colour and quality of night suits are defected. After that the complainant approached OP for replacement but OP-1 refused for it and asked to approach to OP-2. Thereafter, the complainant sent five night suits through courier to OP-2 on 22.12.2017 and the complainant received a notice from OP-2 that there was not any defect in night suits and the complainant again sent e-mails to OP-2 but OP-2 again gave a fake and false assurance and the night suits are still lying with OP-2. The complainant further alleged that the complainant has suffered a loss and there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the price of night suits Rs.4,365/- alongwith interest from the date of purchase as well as compensation of Rs.50,000/- for causing mental pain, agony and has also sought Rs.5,500/- towards cost of litigation.
3. OP-1 & OP-2 have been contesting the case and filed their separate reply/written statement. In its written statement OP-1 submitted that OP-1 is only a retailer of OP-2 who is the manufacturer and OP-1 is doing the busing of sales only and OP-1 sold the goods with the terms and conditions with the tag of instruction how to wash the cloth or which type of water to be used or not to be used for the washing of the cloth and further submitted that OP-1 did not receive any notice from the complainant and the complainant has
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not followed the washing instruction and used hazardous soda. OP-1 further submitted that the complaint is not maintainable and is liable to be dismissed.
4. In its written statement OP-2 submitted that the case is not maintainable and is liable to be dismissed. OP-2 further submitted that the goods are sold with the terms and condition with the tag of the instruction how to wash the cloth or which type of water not to be used for washing of the cloth and the complainant has not followed the washing instruction and used hazardous soda.
5. The complainant filed rejoinder to the reply of OP-2 and denied the contentions of OP-2 which has been taken in the written statement of OP-2.
6. In order to prove her case, the complainant filed her affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of statement of account of the complainant in her Bank Account, copy of letter dated 19.06.2018 written by the complainant to OPs through post alongwith postal receipt, copy of courier receipt dated 22.12.2017 and copy of reply dated 31.01.2018 sent by OP-2 through its Counsel to the complainant.
7. On the other hand, Sh. InderManchandra, Prop. of OP-1 and Sh.Radhu Hira Goyal, Partner of OP-2 filed their affidavits in evidence which are as per line of defence taken by OPs in their written statements. OP-1 & OP-2 have also filed written arguments.
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8. This forum has considered the case of the complainant and OPsin the light of evidence and documents placed on record by the complainant.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. In reply dated 04.12.2017 which OP-2 sent through their Counsel to the complainant, OP-2 has requested the complainant to send the goods through courier and in response thereto the complainant sent the goods to OP-2 through courier on 22.12.2017 which fact is not disputed by OP-2 and the same is admitted by OP-2 in their reply dated 31.01.2018 sent by OP-2 through their Counsel to the complainant. In the reply dated 31.01.2018 OP-2 has submitted that the goods have been received and were sent for opinion of Fabric Expert and Dyeing Expert for identifying the cause of defect and quality of the product and they found that there is no defect in any quality and of Fabric and Dyeing but due to use of strong detergent while washing of cloth these errors came. But OP-2 has failed to prove on record any expert report nor OP-2 has returned the goods to the complainant. It cannot be expected from the complainant to have used strong detergents for washing the cloth. The complainant has made so many complaints on telephone and requested OP-2 to replace the night suits but OP-2 failed to replace the same nor refunded the amount of the same which proves deficiency in service and unfair trade practice on the part of OP-2.
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9. Accordingly, we hold OP-2 as guilty of unfair trade practice and deficiency in service.
10. Accordingly, OP-2 is directed as under:
i) To pay/refund to the complainant an amount of Rs.4,365/- being the cost/price of the night suits.
ii) To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant which includes cost of litigation.
11. The above amount shall be paid by OP-2 to the complainant within 30 days from the date of receiving copy of this order failing which OP-2 shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OP-2 fails to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
12. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 23th day of October, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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