This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant on 03-10-2012 purchased some sarees from the shop of OP against payment of a consideration of Rs.4,315/- vide cash memo no.7156 dated 03-10-2012 with a discount of an adjustment of Rs.1,850/- relating to return of a previous purchase and at the time of purchase the representative of the OP assured the complainant that the sarees are of good quality having permanent colour and further instructed to wash the sarees at home in plain water with any good quality detergent powder and in fact complainant purchased it on good faith as per assurance of the representative of the OP. 

          Fact remains after washing her Motka brand saree bearing no.11040 of Rs.1,250/- for the first time to her utter surprise, the complainant noticed that the colour of the saree faded away when the complainant wore the saree for the first time sometime in middle of February, 2013 and noticed that the colour faded away even coming into contact with body sweat and after washing the said saree in plain water, its colour was further faded more and the blue colour of the saree spread over its off-white body, as a result of which the saree became discoloure, defective and useless.

          As soon as complainant observed that position of the saree complainant immediately contacted OP over phone and in reply OP asked the complainant to come to their shop with the defective saree for replacement.  Accordingly, complainant sometime in the first week of March, 2013 visited the shop of the OP with the defective saree and requested them to replace the same with a fast colour and good quality saree but after observing the defect OP’s representative’s attitude was found completely reverse and they denied that saree belonged to their shop though the saree was a defective one but after showing the original money receipt the OP admitted that the said saree was sold from their shop but the representative of the OP refused to change the saree and misbehaved with the complainant by uttering abusive and filthy languages in front of the other customers, without showing any respect or decency to the complainant.  it is further submitted that after that matter was referred to Secretary of a Voluntary Consumer Organization of her locality namely Kodalia (1) Gram Panchayet Kreta Suraksha Samity who made several phone calls and wrote several letters to the OP on 06-08-2013, 07-11-2013 and lastly on 03-06-2014 and thereby requested the OP to resolve the consumer dispute amicably without intervention of the Court but all the requests are in vain and OPs did not reply.  Therefore, finding no other alternative the Secretary of the said organization approached its parent body Federation of Consumer Associations, West Bengal for solution over the dispute and this parent body also sent letter but the matter could not be settled by Federation of Consumer Associations.

          Finding no other alternative complainant was compelled to file this complaint before this Forum for deceitful manner of business on the part of the OP and for negligent and deficient manner of service and also for harassing the complainant and prayed for redressal etc.

          Fact remains the notice of the case was sent to the OP vide speed post, detail track events through EW834500149IN which was booked at Shyambazar Mail S.O. and item was delivered to the OP but OP refused to accept it for which the same was returned back to the Forum with a note “refused” and the detail track delivery report of Indian Post is kept with record wherefrom it is found that OP refused to accept the said notice for which it was treated as good service and accordingly, the case was heard ex parte.

Decision with Reasons

On proper consideration of the complaint including the cash memo dated 03-10-2012 and further considering physically the said saree produced by the complainant on the date of argument of hearing it is clear that the complainant purchased the said saree along with other sarees from the OP on 03-10-2012 and the present disputed saree copy is 11040 no. and price was Rs.1250/- and considering physically the said saree by this Forum it is clear that the saree had already been defaced though its status is new and practically it is clear that OP charged Rs.1,250/- as price but, in fact, this saree has its no quality regarding colour and also regarding the brand and, in fact, that Motka saree has become a colourful saree but it was a Motka saree whose body was off-white and par portion is plain blue but that blue colour of the par has showed all over the body of the saree so, it is clear that it is no doubt a damaged saree which was sold by the OP and it has no quality at all and same damaged saree was sold knowing fully well that it has no quality and it is a defective one.  Truth is that complainant made all attempts for settlement with the OP but OP’s shop representative after observing the defective condition of the saree refused to replace the same or refund the price of the same. 

          It is also proved that OP was given proper chance to contest the case when OP refused to accept the notice of this case even then when complainant submitted its E-Chief that was also sent to the OP with registered post with A/D but that was also not accepted and refused by the OP.  So, considering that fact it is clear that OP had or has his or their no desire to compensate the present complainant who is a bona fide purchaser of the saree from the shop of the OP.  Truth is that complainant paid Rs.1,250/- but OP supplied a damaged and defective saree and that was observed by the OP’s representative in the OPs shop but they did not show their honest approach to refund the same by giving him a new one in place of the defective one and no doubt such sort of business on the part of the OP is deceitful manner in nature and at the same time they have adopted unfair trade practice and no doubt for which relying upon the unchallenged testimony of the complainant and also the material as produced by the complainant and also considering the OP’s negative attitude to appear before this Forum to contest the case or to defy the complainant’s allegation we are convinced to hold that the complainant has been able to prove the allegation against the OP beyond any manner of doubt. 

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.5,000/- against the OP.

          OP is hereby directed to refund a sum of Rs.1,250/- at once to the complainant and also for adopting unfair trade practice and further harassing the complainant for long period OP shall have to pay compensation of Rs.5,000/- to the complainant.  Accordingly, complainant shall have to pay a sum of Rs.5,000/- (Litigation cost ) Rs.1,250/-, the price of saree plus Rs.5,000/- as compensation that is totaling Rs.11,250/- to the complainant within 15 days from the date of this order failing which penal interest @Rs.100/- shall be assessed till full satisfaction of the decree.

          For adopting deceitful manner of business and also for adopting unfair trade practice and to protect the consumer from such sort of deceitful traders OP is imposed a penal damages of Rs.10,000/- which shall be paid to this Forum and it is imposed to check such sort of unfair trade practice as adopted by the OP and to protect the consumer from the hand of such unfair trade practitioner in future and said amount shall be deposited to this Forum.

          Even after that if OP fails to comply the order within 15 days from the date of this order in that case penal action shall be started against him for which further penalty and fine shall be imposed upon him.