DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.671 of 2017

                                                 Date of institution:  04.09.2017                                                     Date of decision   :  01.03.2018

Aashish Singh son of Sukh Dev Singh, resident of H.No.66-A, Bhoja Wala, P.O. Paschimiwala, Tehsil Vikas Nagar, District Dehradun, Uttrakhand.

Presently residing at H.No.3267/71, Sector 71, Mohali 160071, Punjab.

…….Complainant

Versus

M/s. Numero Uno Clothing Limited, situated at Shop No.F-41, Kharar, Mohali Road, SAS Nagar (Mohali), Punjab (North Country Mall) through its authorised Store Manager/Representative.

……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member

                Mrs. Natasha Chopra, Member.

Present:     Complainant in person.

                OP Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant purchased 3 piece T-shirts Combo Pack on 16.07.2017 vide bill No.875 from OP by paying price of Rs.1,199/. When complainant started wearing T-shirts, then those started tearing out. Complainant on the same day visited show room of OP for disclosing the problem faced by him regarding T-shirts. OP after seeing the T-shirts rubbed some machine and removed the bubbles that surfaced on the T-shirts and then handed over the same to complainant. Complainant opposed that practice vehemently. Despite repeated pointing out of defects in the T-shirts, OP declared that complainant can do whatever he can. Complainant deposited full pack containing 3 T-shirts with OP, but despite that replaced T-shirts not handed over and as such complainant claims to have suffered mental agony and harassment. So this complaint filed for seeking direction to OP to give new pack of T-shirts or in the alternative to refund the paid price amount. Compensation for mental harassment and agony of Rs.5,000/- and litigation expenses of Rs.5,000/- more claimed. In addition to above, an amount of Rs.10,000/- as loss of business dealing also claimed.

2.             OP is ex-parte in this case.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith document Ex.C-1 and thereafter closed evidence.

4.             Written arguments not submitted but oral arguments heard and records gone through.

5.             Purchase of pack of 3 T-shirts by complainant from OP by paying price of Rs.1,199/- on 16.07.2017 is proved by invoice/ bill Ex.C-1. As these T-shirts started tearing immediately on use after purchase and as such complainant took the T-shirts to OP, who after rubbing some machine on the bubbles that surfaced on them, returned back the same to complainant, but complainant was not satisfied and as such complainant claims to have deposited the full pack of T-shirts with OP. No rebuttal to this evidence of complainant is there and as such it is obvious that on pointing out defects in the purchased T-shirts, OP tried to remove those defects in the first instance by rubbing some machine, but when those could not be removed, then it got deposited the full pack containing 3 T-shirts  from complainant. As the pack of T-shirts retained by OP and the replaced product not handed over to complainant and as such certainly complainant entitled for refund of the paid price of Rs.1,199/- with interest @ 6% per annum with effect from the date of purchase namely 16.07.2017 till payment.

6.             As a sequel of above discussion, the complaint is allowed with direction to OP to refund the received amount of Rs.1,199/- with interest @ 6% per annum from the date of purchase namely 16.07.2017 till payment. Compensation for mental agony and harassment of Rs.2,000/- and litigation expenses of Rs.2,000/- more allowed in favour of complainant and against  OP.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

March 01, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                                   (Amrinder Singh Sidhu)                                                                 Member

(Mrs. Natasha Chopra)

Member