Order by:
Sh.Amrinder Singh Sidhu, President
The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (as amended upto date) on the allegations that the Opposite Party is carrying on its business under the name and style of M/s.Sobhagia Sales Private Limited, Moga, Street No.2, New Town, Moga through its Manager (Showroom of Sports king). The Complainant alleges that he purchased two jacket from Opposite Party for his son for Rs.1555/- on 19.01.2021, but the Opposite Party did not issue any bill and the payment was made to the Opposite Party through debit card of AXIS Bank, copy of detail of statement of the bank is placed on record. Further alleges that when the Complainant reached his house, he found that one jacket out of the two was not according to the size of his son. The Complainant went to the shop of the Opposite Party on 24.01.2021 and requested to exchange one jacket, but the Opposite Party refused to exchange the said jacket and the Complainant again requested the Manager of the Opposite Party that he has to attend the marriage function after wearing the said jacket, but the Manager of the Opposite Party flatly refused to admit the rightful claim of the Complainant, rather said Manger of the Opposite Party misbehaved with the Complainant in front of so many customers standing there at that time and thus the Complainant felt humiliation and hence his preside has been lowered down in the estimation of the general public. At that time, the Manger of the Opposite Party handed over the bill of one jacket, but refused to exchange the jacket in question. Thereafter, the Complainant also sent e-mail to the Opposite Party in this regard, but with no affect. Hence there is deficiency in service and unfair trade practice on the part of the Opposite Party and the Opposite Party has harassed the Complainant unnecessarily. The aforesaid acts of the Opposite Party in not providing the service to the complainant without any reason is an act of deficiency in services, mal practices, Unfair Trade Practice and has caused lot of mental agony, harassment, inconvenience. Vide instant complaint, the complainant has sought the following reliefs.
- To refund the amount of Rs.867/- paid against the jacket purchased from the Opposite Party.
- And also to pay Rs.50,000/- as compensation for causing him mental tension and harassment and
- Any other relief which this Hon’ble District Commission may deem fit and proper may be awarded to the complainant.
Hence this complaint.
2. Upon notice, none has appeared on behalf of Opposite Party despite service vide receipt of notice dated 01.03.2021 by Sh.Rinku, Manager of the Opposite Party , hence Opposite Party was proceeded against exparte vide order dated 11.06.2021 of this District Commission.
3. In order to prove his case, complainant tendered into evidence his affidavit Ex.C1 alongwith copies of Aadhaar card Ex.C2, copy of bank statement showing the payment of the bill amounting to Rs.1555/- Ex.C3, copy of e-mail sent to Opposite Party Ex.C4, Copy of bill Ex.C5, copy of Sportsking Commodity: Boys Jacket S/L Ex.C6 and closed his evidence.
4. We have heard the Complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that the Complainant purchased two jacket from Opposite Party for his son for Rs.1555/- on 19.01.2021, and the payment was made by the Complainant against this consignment to the Opposite Party through debit card of AXIS Bank, copy of detail of statement of the bank is placed on record Ex.C3. The case of the Complainant is that after purchasing the jackets in question from the Opposite Party, after reaching home, he found that one jacket out of the two was not according to the size of his son. The Complainant on 24.01.2021 went to the shop of the Opposite Party and requested to exchange one jacket, but the Opposite Party refused to exchange the said jacket and the Complainant again requested the Manager of the Opposite Party that he has to attend the marriage function after wearing the said jacket, but the Manager of the Opposite Party flatly refused to admit the rightful claim of the Complainant, rather said Manger of the Opposite Party misbehaved with the Complainant in front of so many customers standing there at that time and thus the Complainant felt humiliation and hence his prestige has been lowered down in the general public. At that time, the Manger of the Opposite Party handed over the bill of one jacket, but refused to exchange the jacket in question. Thereafter, the Complainant also sent e-mail to the Opposite Party in this regard, but with no affect. Hence there is deficiency in service and unfair trade practice on the part of the Opposite Party and the Opposite Party has harassed the Complainant unnecessarily. The aforesaid acts of the Opposite Party in not returning the jacket in question to the complainant without any reason is an act of deficiency in services, mal practices, Unfair Trade Practice and has caused lot of mental agony, harassment, inconvenience. To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.C1 alongwith copies of Aadhaar card Ex.C2, copy of bank statement showing the payment of the bill amounting to Rs.1555/- Ex.C3, copy of e-mail sent to Opposite Party Ex.C4, Copy of bill Ex.C5, copy of Sportsking Commodity: Boys Jacket S/L Ex.C6. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Party, despite due service through its Manager, Mr.Rinku, on 01.03.2021, did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint.
6. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Party has adopted unfair trade practice despite receipt of its consideration of consignment (i.e. one jacket worth Rs.867/- as per bank detail Ex.C3 and copy of bill Ex.C5) through which the Complainant has paid the amount of Rs.1555/- of two jackets, directly to the account of Opposite Party on 19.01.2021. Further as argued above by the complainant that he has been harassed badly and felt humiliation ( in the presence of general public gather there at the time of return of the said jacket to the Opposite Party) without any reasonable cause. On this count, the Complainant prayed for refund of the price of the jacket in question as well as to pay Rs.50,000/- as compensation for causing him mental tension and harassment, but the claim for compensation to the tune of Rs.50,000/- is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded lump-sum compensation to the tune of Rs.5,000/- and we award the same accordingly.
7. In view of the aforesaid facts and circumstances of the case, we allow the complaint of the complainant against the Opposite Party and the Opposite Party is directed to refund the amount of Rs.867/- (on return of jacket in question) alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 29.01.2021 till its actual realization. The Opposite Party is also directed to pay Rs.5,000/- as lumpsum compensation to the complainant. Compliance of this order be made by the Opposite Party within 45 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
8. Reason for delay in deciding the complaint.
This complaint could not be decided within the prescribed period because the government has not appointed any of the two Whole Time Members in this Commission since 15.09.2018. Moreover, the President of this Commission is doing additional duties at District Consumer Commission, Faridkot. There is only one working day in a week when the quorum of this Commission remains complete.
Announced in Open Commission.
Dated: 20.08.2021.
