BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 786 of 2010 | Date of Institution | : | 24.12.2010 | Date of Decision | : | 19.04.2011 |
Rashim Sharma d/o Sh.Ashwani Kumar r/o H.No.1091, Sector 18-C, Chandigarh. ….…Complainant V E R S U S Rimpy Garments, Shop No.281, Shastri Market, Sector 22-C, Chandigarh through its Proprietor Brahm Kumar Arora (Rimpy) and Pardeep Kumar. ..…Opposite Party CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by:Sh. Rohit Mahajan, Adv. for complainant. OP exparte. PER P.D.GOEL, PRESIDENT The complainant namely Rashim Sharma has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. Put briefly, the facts of the case are that the complainant purchased two Lehanga Cholies from OP for a sum of Rs.6450/- each and in this way she made total payment of Rs.12,900/-. It is the allegation of the complainant that one of Lehanga Cholies was found defective as there were some cuts/holes in it. The material patched on the Lehanga Choli was not fixed properly. She approached OP with a request to replace the same and in turn OP asked her to wait for fresh stock. It is further the allegation of the complainant that despite her repeated requests and visits, OP refused to replace the Lehanga Choli and also failed to refund the money. Hence this complaint. 2. OP was duly served but none appeared, hence proceeded exparte vide order dated 14.03.2011. 3. The complainant led evidence in support of her contentions. 4. We have heard the learned counsel for the complainant and have also perused the record. 5. The averments contained in the complaint have been supported by the affidavit of the complainant. The complainant has produced on record the photocopy of the visiting card and receipt dated 23.11.2010 for Rs.12,900/-. The complainant has averred in para 2 of the complaint that she has purchased two Lehanga Cholies from OP on 23.11.2010 for Rs.6450/- each. Vide para No.3 of the complaint, it is stated that one of the Lehanga Cholies was found to be defective. Therefore, the complainant is only entitled for a sum of Rs.6450/- being the price of one defective Lehanga Choli. Admittedly, OP despite service did not care to contest the case and as such it can be concluded without any hesitation that either the OP admits the claim of the complainant or has nothing to say in the matter. Moreover, the evidence led by the complainant has also gone un-rebutted and uncontroverted. 6. As a result of the above discussion, this complaint is accepted exparte and OP is directed to refund Rs.6450/- being the price of one defective Lehanga Choli to the complainant along with Rs.5000/- as compensation and costs of litigation within one month from the date of receipt of the certified copy. 7. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 19.04.2011 | [Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
