Chandigarh

DF-II

CC/67/2023

Sumitra Rani, W/o Lt. Sh. Suresh Kumar Kataria - Complainant(s)

Versus

M/s Shree Ram Appareals - Opp.Party(s)

Swati Kataria

18 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

Consumer Complaint  No	:	67 of 2023
Date  of  Institution	:	31.01.2023
Date   of   Decision	:	18.04.2024

 

 

 

 

 

Sumitra Rani w/o Late Sh.Suresh Kumar Kataria, R/o H.No.76, Sector 25, Panchkula, Haryana

             …..Complainant

 

Versus

M/s Shree Ram Appareals, Shop No.27, GF, city Centre Mall, Plot No.2, near Kishangarh, Chandigarh

….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA,                MEMBER

 

Argued by:  Ms.Swati Kataria, Counsel for the complainant.

Sh.Nitesh Singhi, Counsel for the OP

 

 

PER B. M. SHARMA, MEMBER

         The complainant has preferred the present complaint alleging that she visited the shop of OP on 22.1.2023 and purchased one lady shirt for Rs.2100/-.  It is alleged that after the said purchase, the complainant questioned the OP staff that the same shirt is available at Elente Mall, Industrial Area, Chandigarh with 40% discount and as such requested them to give her discount, but the staff of the OP instead locked the door of the premises and misbehaved with her and her daughter Swati Katari.  It is also alleged that after that the OP called the Police and the Police Official threatened to the complainant and her daughter and made pressure upon her to purchase the item and after that she purchased the same due to threat and pressure of the Police.  It is further alleged that the Police also says that if the complainant would not purchase the same, then false complaint will be lodged against her and her daughter.  It is stated that the complainant suffered mental agony, harassment and financial losses due to the said act & conduct of the OP. Hence, this complaint. 

 

2]       The OP has filed written version and stated that the complainant visited the shop of ansering OP 22.01.2023 at DLF City Centre, IT Park, Chandigarh and one woman top was sold to her for Rs.2099/- after a discount of Rs.899.70 i.e. 30% on MRP of Rs.2999.  It is submitted that the complainant had asked for lady top shirt and five top shirts were given to her as per her choices and she wore the same in try-room, the sales girl Sandhya Rani attending the complainant, got only four top shirts out of five, one shirt selected by the customer was Purchased, for Rs.2099/-.  It is also submitted that when Sales girl Sandhya Rani asked for one short top shirt piece missing out of five top women shirt piece, the complainant said the same may be lying in try room, then Sales girl checked the try room, but the Top shirt piece was not there and the one piece i.e. Top one shirt which was missing led to arguments with the complainant as she showed ignorance about the missing one top lady shirt, despite the request of sales girl.  It is pleaded that after many requests the complainant again visited the try room and closed the door from inside, thereafter the missing lady shirt was seen lying there, which was missing when the Try-room was earlier checked by the sales girl. Thereafter the complainant shouted at the sales girl and started throwing down the garments lying on shelf and when the complainant/customer got out of control and tried to throw the card swipe machine on sales girl, the Sales girl called police for help and submitted a written complaint to Police. It is also pleaded that the Police on their part intervened and the controlled the situation. It is averred that as the customer always being a special person, the sales girl, despite unpleasant situation, requested the police to close the matter.  It is also averred that the sale girl Sandhya Rani suffered harassment and mental torture. Denying other allegations, the OP has prayed for dismissal of the complaint.

 

3]       Replication has also been filed by the complainant controverting the assertion of the OP made in the reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the contesting parties and gone through the entire documents on record including written submissions.

 

6]       The perusal of the record and pleadings reveals that the assertions made by the complainant in the complaint at Para No.2 i.e. “…..complainant requested to the OP party staff to make him discount in the above said lady shirt but the staff of the OP party locked the door of the premises and misbehave with the complainant and her daughter Swati Kataria and misbehave and threat to the complainant and her daughter Swati Kataria and after that OP party called the Police and Police Official threat to the complainant and her daughter and made pressure upon the complainant to purchase the same”, are self-contradictory, imaginary and appears to have been made to justify the complaint and to prejudice the mind of this Commission.  The complainant also failed to prove any deficiency on the part of OP as projected in the complaint. Therefore, the complaint deserves to be dismissed being devoid of any merit.

 

7]       In view of above discussion & findings, the present complaint stands dismissed. No order as to costs.  

 

8]       Pending application(s) if any, stands disposed of accordingly.

        Certified copy of this order be sent to the parties free of charge, after which the file be consigned.  

Announced

18.04.2024                                                 

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER