Delhi

New Delhi

CC/124/2015

Neeraj Pathak - Complainant(s)

Versus

M/S. Sreeleathers Ltd. - Opp.Party(s)

07 Aug 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/124/15                       Dated:

In the matter of:

NEERAJ PATHAK,

S/O SHRI MUNINDER PATHAK,

R/O B-5308, SANT NAGAR, BURARI,

DELHI-110084

                 ……..COMPLAINANT

       

VERSUS

M/S. SREE LEATHER LTD.,

16-A, REGAL BUILDING,

CONNAUGHT PLACE,

NEW DELHI-110001

………. OPPOSITE PARTIES

 

ORDER  [ ORAL]

Date of Arguments: 07.08.2015

MEMBER:  RITU GARODIA

 

Present:  Complainant in person.

             Complainant filed ex-parte evidence.

             Argument heard at length.

 

The complaint pertains to defective jacket.  The jacket was purchased in December, 2013, which was found to be of a smaller size.  The complainant went back to OP wherein invoice bearing no.T46/00378155 for Rs.4,999/- was issued.  OP refused to exchange the jacket which was ill fitting and of smaller size.  A complaint was consequently filed.  Notice was issued but none appeared on behalf of OP who was proceeded ex-parte.

We have heard the argument and complainant had affirmed his problems with defective jacket on affidavit.  OPs are under a duty to provide refund for the product which is found to be defective or which does not suit the requirement of consumers on grounds of reasonableness.   We have no reasons to disbelieve the averments of complainant.  OP in hence directed to refund Rs.4,999/- with 9% interest from the date of invoice bill realization.  The complainant will, therefore return the defective product to OP.   We also award Rs.2,000/- as compensation for harassment inclusive of litigation expenses.

The payment be made within 30 days of the receipt of the copy of the order; otherwise action will be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

        Pronounced in open Court on 07.08.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER