Haryana

Ambala

CC/35/2017

Pavit Walia - Complainant(s)

Versus

Novelty Kanwar India PVt Ltd - Opp.Party(s)

In Person

15 Dec 2017

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 35 of 2017

                                                          Date of Institution         : 30.01.2017

                                                          Date of decision   : 15.12.2017

 

Pavit Walia S/o Late Shyam Sunder Walia, resident of 7A, Rajinder Nagar, Ambala Cantt.

……. Complainant.

 

NOVELTY (Kanwar India Pvt Ltd). Bazara Bazar, Ambala Cantt (Through its Prop)

….…. Opposite Party

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                   

                   MS. ANAMIKA GUPTA, MEMBER       

 

 

Present:       Sh. Himanshu Kaushal, counsel for  complainant.

                   Sh. Satpal Singh, counsel for OP.

 

ORDER:

 

In nutshell, brief facts of the present complaint is that on 10^th Jan.2016 the complainant had purchased a expensive cloth vide Bill no. 2782 for Rs. 10600/- and Rs. 5000/- paid in advance for gents suit (A set of man’s clothes) from the OP and order to stitch the same as the same suit to be worn by the complainant  in the event of his Ring  ceremony personally which was held on 26 Jan, 2016. At the time of order the OP given assurance to the complainant  that the same  suit will be ready for deliver on 25 Jan. 2016 at 12 P.M.  On 25 Jan. 2016 at 12 PM the complainant  went to the shop of the OP then the OP advised to the complainant that the suit is ready but there  is some work pending in it and the same suit will be deliver on 26 Jan. 2016 next day at 10A.M.

On 26 Jan. 2016 the complainant went to the shop of OP and asked about his suit then the OP refused to give the same as it was not ready so far. In the mean time, the complainant gests coming for his Ring ceremony from Delhi or other state/District. The mood of the complainant  completely upset and caused considerable distress. Then there is no other scoop for the complainant  at that time, then the complainant went to the other readymade shop and had purchased a gents suit for his wear which was not comfortable for it. Complainant  again & again approached the OP for deliver the suit after paying the balance amount or refund the advance price  Rs. 5000/8- to the complainant but the OP totally refused to return the advance payment which was given by the complainant  to the OP during  the agreement for stitching of the above suit, due to the above deficient services rendered by the OP, the complainant has suffered harassment and mental agony for the same. Hence, the  present complaint.

2.                Upon notice, OP appeared and contested the complaint by filing written statement and stated that complainant purchased the cloth and order for the stitching and he paid Rs.5000/- for the same. As per the bill it is clearly mentioned in the terms and conditions that OP will not be responsible for any delay in stitching time But in this the suit of the complainant was ready on 25.01.2016 by 12 noon despite the 25^th Jan. was Monday and weekly off day in Ambala Cantonment market, even then OP remained his shop opened and waited for the complainant for a sufficient time but the did not turn up to collect his suit. The complainant  did not come to the shop of the OP on 25^th shop, or 26^th Jan, 2016. The complainant  never approached the OP for delivery of the suit. The OP is ready to deliver the stitched suit on payment of balance amount by the complainant. So, OP has prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 and closed his evidence. On the other hand, counsel for OP has also tendered affidavit as Annexure R-A and closed his evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file. Ld. Counsel for the complainant argued that complainant had purchased a suit on 10.01.2016 worth Rs. 10,600/- vide bill no. 2782 and Rs. 5000/- was paid in advanced (Annexure C-1).  The OP took the order and promised to stitch the suit by 25.01.2016 at 12.00 PM and the remaining amount of Rs. 5,600/- was to be paid by the complainant on the same time of taking the said delivery. On 25.01.2016, the same suit was not given due to some pending work on it put in was again promised to be delivered on 26.01.2016 i.e. the day of the ring ceremony of the complainant. The delivery was time bound being written on bill bearing order no. 2782 in the handwriting of the OP himself.

Thereafter, the complainant had went to the other readymade shop and had purchased a gents suit for his wear which was not comfortable completion of Ring ceremony. On the other hand, the plea taken by the OP that as per the bill it is clearly mentioned in the terms and conditions that OP will not be responsible for any delay in stitching time and the suit of the complainant was ready on 25.01.2016 by 12 noon and waited for the complainant for sufficient time but he did not turn up to collect his suit. There is no deficiency  in the service on the part of the OP.

After hearing  both the parties, it is clear that complainant had purchased  a suit on 10.01.2016 for worth Rs. 10,600/-. He has deposited Rs. 5000/-  in advanced. It is clearly mentioned on the bill suit will be delivered the suit in question   on 25.01.2016 at 12.P.M. From the perusal of the bill there are some conditions are mentioned for booked  items but there is no terms and condition on the bill regarding time bound delivery, if not delivered to the customer as per the time given what will be the fate of the booking items. The version of the complainant is believable, the complainant has to wear the abvoesaid suit on the occasion on ring ceremony  i.e. 26.01.2016 if the OP stitched  the suit in question, as per the promised on 25.01.2016 why the complainant has to purchase the another suit for his ring ceremony. In this regard, the complainant has filed his affidavit to corroborate the version taken in the complaint.  It means the OP has not stitched the abovesaid suit on 25.01.2016 or 26.01.2016. It is common knowledge that those customers are purchasing the such types of suit is to be checked the fitting before taking the delivery. The version of the OP is not believable that the suit in question was ready on 25.01.2016 but the complainant never turn up on that day. If the OP had delivered the suit to the complainant why he has filed the present complaint. It means the Op has failed to provide the suit in question to the complainant on 25.01.2016 or 26.01.2016.

5.                In view of the above discussion, we are of the confirmed view that that complainant has suffered mental agony and harassment and also felt humiliation before his relatives and nears & dears due to non-providing of service by the Op on proper time after receiving the booking amount. Suffering of the complainant in the present case cannot be compensated in terms of money only but we can only give the compensation to the complainant as per C.P. Act. Taking into consideration, the entire facts and circumstance of the case we quantify amount of compensation for mental agony, harassment  amounting Rs. 5000/- besides the booking amount Rs.5,000/- which was paid on 10.01.2016. Hence, the present complaint is hereby allowed with cost which is assessed Rs. 3,000/-. So, Op is directed to comply with the following directions within thirty days from receipt of copy of the order:-

1. To refund Rs.5,000/- paid by the complainant to the OP as advance alongwith interest @ 9%  per annum from the date of the payment i.e. 10.01.2016 till its realization .
2. To pay sum of Rs. 5000/- as compensation, on account of mental harassment & agony as assessed above.
3. To pay the Rs. 3000/- as the litigation expenses as  assessed.

                   Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :15.12.2017                                        (D.N. ARORA)

                                                                                       President

 

    

          (PUSHPENDER KUMAR)

                                                                                       Member

 

 

                      (ANAMIKA GUPTA)

                                                                                          Member