DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088
CC No: 58/2016
D.No.________________ Dated:________________
IN THE MATTER OF:
ROCHANA CHATURVEDI,
D/o PROF. MITHILESH CHATURVEDI,
R/o 134, TARUN ENCLAVE,
PITAMPURA, DELHI-110034.… COMPLAINANT
Versus
POORNIMA JHAMB (PROP.),
413, KOHAT ENCLAVE,
PITAM PURA, DELHI-110034. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 07.01.2016
Date of decision: 31.01.2018
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under the Consumer Protection Act, 1986thereby alleging that in November-2015, the complainant visited the shop of OP and a deal was made for a customized Lehenga set amounting to Rs.32,000/- after an assurance of an early delivery of finished product and the urgency was duly explained to the OP as the piece was to be worn by the complainant on her brother’s wedding function on
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07.12.2015 and the delivery was promised for 03.12.2015 and the complainant was told to be called for trial/fittings on 30.11.2015 or 01.12.2015. The complainant further alleged that the complainantpaid advance sum of Rs.11,000/- to OP on 14.11.2015 and after the payment of advance the attitude of OP changed completely and after repeated calls for a copy of receipt the OP said the complainant “cribs too much” before finally giving the receipt. The complainant further alleged that as the date of delivery approached the complainant reminded the OP repeatedly that dupatta colour is left to be decided and as per OP’s promise when can she call the complainant for checking out orange and pink shades of dupatta, when the complainant was finally called to the shop and she was shown only shades of pink. On 02.12.2015, OP told the complainant that the delivery date would be slided and she would get the completed piece on 05.12.2015. On 05.12.2015, the complainant’s mother called OP regarding the same and OP said that the date would have to be further slided and on reminding about urgency of the matter, OP was rude to the complainant’s mother and told her mother that she argues too much and she can come at 11 P.M. to the shop and when called at 11 P.M. OP started shouting and called the complainant to the shop on the next day i.e. on 06.12.2015 and on reaching the shop with her mother the complainant was shown the piece without dupatta and which
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required fitting alterations and also blouse was not designed as per the measurements and as per the agreement.On confronting calmly regarding the same, OP completely lost control and started shouting and harassing both the complainant and her mother and the complainant told OP if she cannot deliver she should refund the money to which OP replied that “You think I’ll give you the refund?” and upon intervention by her husband the shouting subsided and the complainant was given the assurance that the piece would be ready with the changes by 8 P.M. on 06.12.2015. The complainant further alleged that the complainant had her brother’s sangeet function on the said date, the complainant told them she would collect it at 11 A.M. the next day and on the next day again the calls were not taken by OP.When the complainant called Mr. Gaurav, the husband of OP said they’ll give the piece in the evening and Mr. Gaurav also said that the complainant has not inserted “a computer chip” that everything will be on time. The complainant further alleged that the delivery promise could not be fulfilled rendering the product useless to the complainant after that time and the complainant and her brother went to the shop of OP to ask Mr. Gaurav to refund the money as the Lehenga was not ready even at 12:50 P.M. when the complainant left their shop on 07.12.2015 to which OP refused and a notice was sent to the OP but no reply
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and the OP is liable to pay the same due to deficiency in service on the part of OP.
2. On these allegations the complainant filed the present complaint praying for refund of an amount of Rs.11,000/- being the advance payment alongwith interest @ 18% p.a., compensation of Rs.20,000/- for causing mental agony and harassment and litigation cost of Rs.1,000/-.
3. OP has been contesting the case and filed written statement wherein OP submitted that the complainant has visited the shop 4 times a month prior of the date on which the complainant has finalized her order and on all these times the complainant was attended patiently and gracefully and given a number of business hours as per policy of OP and the complainant did not even thought about the kind of time she was wasting in deciding the dress which she wanted to finalize at first itself and later she wanted the job to be done on urgent basis as she was not left with much of time and OP wondered how come she can pressurise unnecessarily on just because she herself wasted time. OP further submitted that OP strictly told the complainant that OP started working on the order only after receiving 50% advance i.e. in her case would be Rs.16,000/- and same is mentioned very clearly on the order sheet but the complainant told that today she can pay just Rs.11,000/- and balance of Rs.5,000/- shall be paid on the very next day but
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later onOP got from the complainant’s side excuses and requests that she cannot pay Rs.5,000/- due to some financial strains and requested to start working on the order and here also she wasted good number of days. OP further submitted that the complainant was told very clearly that the complainant has not paid full advance as requested time and again, OP will not be bound for the trial date of 30.12.2015 as the complainant has wasted a lot of crucial time and to which smilingly agreed.
4. The complainant filed rejoinder and denied the submissions of the OP and has reiterated the averments made in the complaint.
5. In order to prove her case the complainant filed her affidavit in evidence and also filed written arguments. The complainant also placed on record copies of measurement/order sheet no. 102 issued by OP to the effect that total price settled was Rs.32,000/-, advance paid Rs.11,000/- and balance to be paid as Rs.21,000/-, copy of invitation card regarding marriage function of her brother on 07.12.2015 and copy of e-mail communication seeking refund.
6. On the other hand on behalf of OP Ms. Purmina Jhamb, Prop. of OP filed her affidavit in evidence. OP also filed written arguments and OP has also filed copyof communications alongwith photograph of the lehenga made by the OP on the whatsapp mobile no. to the complainant’s mobile no. and OP has also placed on record photo of Lehenga alongwith blouse and dupatta.
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7. This forum has considered the case of the complainant as well as OP in the light of evidence and documents placed on record by the complainant and also written arguments of the parties.The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. The case of the OP is falsified in view of the fact that there is no mention about payment of 50% advance before start of the work. The measurement/order sheet issued and signed by the OP does not say that the complainant was required to pay an amount of Rs.16,000/- as advance payment. This document clearly shows that the balance amount Rs.21,000/- was to be paid at the time of delivery of the prepared Lehenga set. The original document shows trial date as 03.12.2015. The photo of the communication sent by the OP to the complainant on whatsapp message itself falsifies the case of the OP. The photo of finished blouse is not visible. It clearly shows that even at 12:53 P.M. of 07.12.2015, as per whatsapp message the Lehenga set was not prepared by the OP. Though the OP placed on record a photo of Lehenga set but that was not sent on the whatsapp message. It clearly falsifies the defence of the OP and it is proved that the Lehenga set was not fully prepared by the OP till 07.12.2015 at 12:50 P.M. The marriage ceremony of the complainant’s brother was fixed for 07.12.2015 (evening) and on which function the said Lehenga set was to be worn by the
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complainant which she could not wear as the same was not prepared by the OP till 12:50 P.M. of 07.12.2015. Thus, there is a deficiency in service on the part of OP.
8. Accordingly, the OP is held guilty of unfair trade practice and deficiency in service and is directed as under:
- To refund/pay to the complainant an amount of Rs.11,000/- being the advance amount received by the OP.
- To pay to the complainant an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant and it includes litigation cost.
9. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 31st day of January, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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