JUDGEMENT

          In brief complainant’s allegation is that he purchased one Jeans Pant on 21.05.2013 on payment of Rs.450/- from Rahaman Brothers.  But within one month during use of the Jeans Pant the damage was detected on the high portion.  Thereafter complainant went to the op’s shop for refund of purchase money with cost.  But op insulted and did not return a new one pant or did not refund the money.  But only op stated that it would be stitched on payment of Rs.20/-.  But complainant did not agree and that is no doubt an unfair trade practice and for which complainant has filed this complaint praying for redressal.

          On the other hand op has submitted that no doubt the complainant purchased the said Jeans Pant from op’s shoproom and within two months during use it was damaged on the high portion, complainant appeared his shop but op behaved with the customer politely and asked him to exchange the Jeans Pant but op expressed that there is no scope to pay back the cash amount which is beyond their control and op also stated that he is now ready to exchange that Jeans Pant which was sold to him ten month back and considering the aforesaid facts op has prayed for dismissal of this case as per their written version.

                                                    Decision with reasons

          After considering the complaint and the written version, it is clear that complainant purchased one Jeans Pant on payment of Rs.450/- from the op’s shoproom and it is also admitted by the op that complainant came to their shop within two months showing that there was some damages on the high portion of the pant.  But op has admitted that they agreed to exchange the new Jeans Pant in place of that.  But complainant did not agree to accept it, only he prayed for refund of the money.

          So, considering that situation, it is clear that no doubt op rightly asked the complainant for exchange of the new one, but the reason for not accepting that proposal of the op by the complainant is found for misbehavior by the op and fact remains it is the common practice of the business men to misbehave with the customers when any article is placed for exchange and in the present case the allegation of the complainant cannot be brushed aside as alleged against the op.

          Whatever it may be op has expressed his desire to exchange a new Jeans Pant.  Then invariably final order may be passed considering the grievance of the complainant also.

          In this regard we have gone through the receipt wherefrom we find that on 21.05.2013 complainant purchased the Jeans Pant on payment of Rs.450/-.  It is also fact that the Jeans Pant was found damaged.  Thereafter complainant went to the op, but op refused to refund the money, may be op asked the complainant to exchange the same and when op failed to refund the money, complainant lodged the complaint to CA & FBP and he prayed for refund of money only because he is dissatisfied with the behaviour of the op and their nature of selling the article and op was informed by CA & FBP Authority.  But op did not appear before that authority.

          So, the matter was dropped and complainant was asked to appear before legal Forum for redressal.  So, it is clear that complainant was harassed by the op and the matter ought to have been disposed by the op before the Forum.  But they did not think for a moment to honour the notice of the CA & FBP.  It indicates that op was very much arrogant and the very conduct of the op simply proves that op harassed the complainant in so many manners and in the above circumstances we find that complainant has proved the allegation against the op and op must have to refund Rs.450/-, the cost of the Jeans Pant along with compensation of Rs.500/- for causing harassment to the complainant and also op shall have to pay litigation cost in view of the fact that op did not appear before the CA & FBP for settlement of the same before filing of the case.  Though op got such chance to amicably settled that matter before CA & FBP.

          Thus the complaint succeeds.

          Hence, it is

                                                             ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.500/- against the op.

          Op is hereby directed to refund and pay Rs.450/- the value of the sold Jeans Pant and also to pay a sum of Rs.500/- for causing harassment, mental pain and agony to the complainant and op shall have to comply the order within one month from the date of this order and to deposit the entire amount before this Forum or send it to the complainant at his own address within one month and in default for each day’s delay op shall have to pay punitive damages @ Rs.100/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

          But even then if it is found that op is very reluctant to comply that order in that case penal action shall be taken against them u/s 27 of C.P. Act 1986 for which they shall be liable.