DATE OF FILING : 08-10-2013.
DATE OF S/R : 24-01-2014.
DATE OF FINAL ORDER : 06-06-2014.
TARUN KUMAR SINGHA
VSM, 3/16 Jubilee Lines,
Defence Officers Enclave, Hastings,
Kolkata 700 022 ------------------------------------------------------------- COMPLAINANT.
- Versus -
Prapti Fashions Pvt. Ltd
Avani Riverside Mall, 2nd floor,
32 Jagat Banerjee Ghat Road,
Howrah - 711 102..------------------------------------------------------OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. Complainant, Tarun Kr. Singha, by filing a petition U/S 12 of the C.P. Act,
1986 as amended upto date has prayed a direction to be given upon the o.p. to pay an amount of Rs. 10,83,990/- in total on different heads such as compensation, litigation costs, cost of the article in question.
2. Brief fact of the case is that complainant’s daughter’s marriage was fixed on 25.04.2012. For that purpose, during one shopping programme, complainant with his would be son- in- law arrived at O.Ps. showroom and his son – in- law wanted to buy one wedding sherwani for the marriage purpose. But the readymade ones were not of his size and fittings. So, on advice of the manager of the showroom, Mr. Vinod, complainant made an advance payment of `4380/- on 21.03.2012 vide Annexure money receipt dated 21-03-2012 and further on 03.04.2012, through his credit card, complainant paid `9990/-. And such payment of Rs. 13,990/- was received by O.P. as full and final payment of the article. And the said Mr. Vinod assured them that the sherwani would be made ready and delivered after 10 days. Accordingly it was collected by the complainant. But when on the marriage day of 25th april, 2012, Complainant’s would be son-in-law tried to wear it, it was found totally a misfit one and the bride- groom found it to be the same one which he saw in the showrooms on the very first day as a ready-made one, meaning that it was not at all tailored or customized according to his size and style, immediately a call was made to the O.P. and O.P. informed that they would not be able to supply another sherwani of his size and fittings in such a short period. Finding no other alternative one relative of the complainant rushed to a near by shop and bought one sherwani from another store at a price of `10000/-. The size was little bit large. But there was hardly any alternative to that. So, the bride groom had to wear a business suit in the first half of the wedding function instead of desired sherwani which he was traditionally supposed to wear. The entire situation made every one emotionally and mentally very upset. It caused severe damage to social prestige of the complainant. And that can never be compensated by way of any amount. However complainant made a call after the marriage to make them understand their utter non-professionalism which caused indescribable problem for them on the day of happiness and celebration. In return, Mr. Vinod expressed his regret and promised to exchange the article in question. And son-in-law went to the shop to get the article exchanged. This time he selected another sherwani and asked Mr. Vinod to make it according to his size. Mr. Vinod told him that it would be made ready after two weeks but an additional payment of ` 1000/- is to be paid by him but he said it is entirely O.Ps. liability to make it to the size of the complainant’s son-in-law at their own expenses and deliver it to him after causing so much harassment. However, after two weeks of 27.04.2012, O.P. informed the complainant that sherwani was ready for delivery, but when complainant visited the showroom to take delivery he was asked to pay that ` 1000/- claimed earlier by O.P. O.P. also claimed the refund receipt from the complainant which was handed over on 27.04.2012 to the complainant. And his son-in-law had to send the said receipt to the complainant through courier after incurring an additional expense. But even after two months of several visits to O.Ps. showroom, complainant was refused to handover the delivery of sherwani and O.P. was going on insisting on payment of ` 1000/- along with all threatening words. So finding other alternative complainant filed this instant petition alleging deficiency in service against O.P. along with the aforesaid prayers.
3. Notice was served upon the o.p. but o.p. did not appear and file any written version. Accordingly the case was heard ex parte.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. We have carefully gone through the petition of complainant along with documents. O.P. took entire consideration price of ` 13,990/- for the sherwani of the bride groom on 03.04.2012. The marriage date was on 25.04.2012. During this long period, O.P. should have been very careful to deliver the article as per the measurement taken on 21.03.2014 as they have mentioned the date of delivery on 04.04.2012. The sherwani meant for marriage ceremony, involves a great deal of emotion. O.P. had shown no respect towards that emotional feeling of the complainant and his would be son-in-law. A misfit sherwani made them totally depressed on such an auspicious occasion. And their mental pain is really understandable by us. O.P. is so careless that even after receiving the notice of this Forum, they never bother to appear before this Forum and no W/V has been filed by them. So, all the allegations of the complainant remained uncontroverted and unchallenged, which shows that O.P. has nothing to put forward in their favour. O.P. should know that time has changed after enactment of C.P. Act, 1986 (as amended upto date). The consumers are no more at the mercy of the organizations like O.P.’s. Accordingly, we found O.P. to be deficient in providing service to the complainant.
Hence,
O R D E R E D
That the C. C. Case No. of 363 ( HDF 363 of 2013 ) be allowed on ex parte against O.P. with cost.
That the O.P. is directed to deliver the sherwani in question of actual size taken on 21.03.2012 within 30 days from the date of this order.
The complainant do get an award of `5000/- as compensation and `2000/- as litigation cost within one month from this order, i.d. the entire amount of `7000/- shall carry an interest @ 10% p.a. till actual payment.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F.,Howrah.
