Haryana

Karnal

CC/642/2023

Kamlesh Devi - Complainant(s)

Versus

M/s Raj Shree Fashion - Opp.Party(s)

11 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.642 of 2023

                                                        Date of instt.17.11.2023

                                                        Date of Decision:11.07.2024

 

Kamlesh Devi wife of Shri Mahi Kumar, resident of Gali no.1, Rajwaha Chowk, Shiv Colony, Karnal.

 

                                                 …….Complainant.

                                              Versus

M/s Raj Shree Fashion # shop no.5048-52, 5^th floor, Lift no.12, Ashirwad Texitle Market, Bhavani Industrial Estate Saroli Surat, Gujrat, India-395010 through its proprietor, Ashish Aggarwal.

 

                                                              …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

 

Argued by: Complainant in person.

   OP exparte, vide order dated 24.01.2024.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that on 15.09.2023, complainant had placed an order to the OP for purchasing clothes amounting to Rs.15,608/- and at that time son of the complainant namely Narender had transferred an amount of Rs.4000/- in the bank account of OP through UPI transaction and after receiving said amount, the OP had given an assurance to the complainant that he will send clothes as per her choice within stipulated period. On 21.09.2023, OP had sent the parcel containing clothes as per order place by the complainant at her premises and after receiving said parcel i.e. clothes, the complainant had given an amount of Rs.11,608/- to the OP at the time of delivery to the delivery boy, when the complainant checked the aforesaid purchased clothes, then the complainant surprised to see that some of the clothes are of inferior quality and some of clothes have not been sent as per choice of the complainant. Thereafter, complainant had intimated to the OP that the aforesaid some clothes are of inferior quality and some clothes have not been sent as per choice of the complainant and the complainant had requested to replace said clothes, then the OP told to the complainant to send back the clothes and had given an assurance the same will be replaced. Thereafter, on 30.09.2023, the complainant send back some clothes to the OP, which was received by the OP on 06.10.2023 after receiving said clothes, OP had disclosed to the complainant that the cost of said clothes are Rs.5200/- and thereafter the complainant a number of times had requested the OP to replace said clothes, but OP started postponing the matter on one pretext or the other. Thereafter, last week the complainant being fed up from the illegal and unlawful acts and conducts of the OP had made a telephonic call to the OP and requested to return entire amount of Rs.15,608/- to the complainant and to get back the clothes, then instead of replacing said clothes, the OP had misbehaved with the complainant with dire consequences and flatly refused to do in this matter. In this way there is a deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OP did not appear despite service and opted to be proceeded against exparte, vide order dated 24.01.2024 of the Commission.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of aadhar card Ex.C1 and Ex.C2, copy of tax invoice dated 15.09.2023 Ex.C3, copy of courier receipt Ex.C4, copy of receipt of Rs.4000/- Ex.C5 and closed her evidence on 09.04.2024 by suffering separate statement.

4.             We have heard the complainant and have gone through the record available on the file carefully.

5.             Complainant, while reiterating the contents of complaint, has submitted that on 15.09.2023. She had placed an order to the OP for purchasing of clothes amounting to Rs.15,608/- and her son had transferred an amount of Rs.4000/- in the bank account of OP and remaining amount of Rs.11,608/- were paid at the time of delivery of clothes to the delivery boy. She checked the aforesaid purchased clothes and surprised to see that some of the clothes are of inferior quality and some of clothes have not been sent as per her choice. She requested the OP for replacement of said clothes. On 30.09.2023, she sent back some clothes to the OP, which was received by the OP on 06.10.2023. Thereafter, she requested the OP a number of times for refund of the entire amount of Rs.15,608/- but OP did not pay any attention to her request and misbehaved with her and lastly prayed for allowing the complaint.

6.             The onus to prove her version was relied upon the complainant. To prove her version, complainant has relied upon the documents copy of aadhar card Ex.C1 and Ex.C2, copy of tax invoice dated 15.09.2023 Ex.C3, copy of courier receipt Ex.C4, copy of receipt of Rs.4000/- Ex.C5.  From the abovesaid documents, it has been proved on record that complainant had purchased the clothes from the OP and due to inferior quality of clothes, she returned the same to the OP but despite receiving the clothes, OP did not return the cost of the said clothes to the complainant despite repeated requests. To rebut the said evidence produce by the complainant OP did not appear and opted to be proceeded against exparte. Therefore, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. Thus, the act of the OP amounts to deficiency in service and unfair trade practice. Hence, complainant is entitled for Rs.15,600/- (i.e. cost of the clothes) alongwith interest, compensation for mental pain, agony and harassment and towards the litigation expenses.

7.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to refund Rs.15,600/- to the complainant with interest @ 9% per annum from the date of payment of the clothes till its realization. We further direct the OPs to pay Rs.10,000/- to the complainant on account of mental pain, agony and harassment suffered by her and for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:11.07.2024                                                                    

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.      

 (Vineet Kaushik)           

                     Member