Punjab

Fatehgarh Sahib

CC/107/2015

Gurpreet Singh - Complainant(s)

Versus

Rituyog Collection - Opp.Party(s)

Sh. B.B.Sharma

19 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                      Consumer Complaint No.107 of 2015

                                                            Date of institution:  03.12.2015                                                                             Date of decision  :   19.10.2016

 

Gurpreet Singh son of Sh. Gurdial Chand resident of village Badali Mai Ki, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

Rituyog Collection, John Player, Old Anaj Mandi, Loha Market, Sirhind District Fatehgarh Sahib through its Authorized Signatory.

 …..Opposite Party

Complaint under Sections 12 to 14  of the Consumer Protection Act

Quorum

Smt. Veena Chahal, Member                                                   Sh. Amar Bhushan Aggarwal, Member.

 

Present :        Sh. B.B.Sharma, Adv.Cl. for the complainant.

                      Sh. Aman Sood, Adv.Cl. for the Opposite party.

ORDER

By Amar Bhushan Aggarwal, Member

                      Complainant Gurpreet Singh son of Sh. Gurdial Chand resident of village Badali Mai Ki, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite party (hereinafter referred to as “the OP”) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                   The complainant visited the shop of OP and asked the OP that he wants to gift a Pent and Shirt of a branded company to his relative, who is of the same age as the complainant but he does not know the exact size. The OP assured the complainant that a Pent of 32 size and Shirt of 40 size will perfectly fit to him and if there is any problem at the time of wearing it or any type of complaint regarding the quality of the cloth, then the OP will change the same or will refund the price of the same to the complainant. As per the assurance given by the OP, the complainant purchased Pent and Shirt of John Players company of the said size for Rs.1800/-, vide bill NO.207 dated 27.06.2015. After purchase of the said Pent and Shirt, the complainant gifted the same to his relative but the size of the same is not comfortable and the quality of the same is also not the best quality.  Thereafter, in the first week of July 2015 the complainant visited the shop of the OP and disclosed the above said facts to the OP. The OP assured the complainant that it will ask the company for exchange of said Pent and Shirt or to refund the price of the same.  Then after 15/20 days the complainant again visited the shop of the OP for the said purpose but the OP totally failed to oblige the complainant and  used rough language by saying that it will neither replace the Pent and Shirt nor refund the amount to the complainant. The complainant also served a legal notice upon the OP but in vain. The act and conduct of the OP amounts to great deficiency in service on its part. Hence, this complaint for giving directions to the OP to pay Rs.1800/- i.e. price of the said Pent and Shirt along with interest and Rs.50,000/- as compensation for mental agony and harassment suffered by the complainant.

3.                   The complaint is contested by the OP who filed the written reply. In reply to the complaint OP admitted that the said Pent and Shirt was purchased by the complainant from it but it never assured the complainant regarding the size fitted to his relative, to whom he gifted the same.  The OP further stated that the complainant visited its shop after two months from the date of purchase of the said Pent and Shirt for return of the same but on checking it was found that the Tags on both the Pent and Shirt were removed and there is no barcode on both the products. Without barcode, no product was replaceable and returnable as per the company's instructions.  Moreover, the said Pent and Shirt were already used by the complainant.  It is further stated that the complainant purchased the said Pent and Shirt under discount and it is specifically mentioned on the back side of memo dated 27.06.2015 that garments sold under discount will not be exchanged or returned. After denying the other averments made in the complaint, it prayed for dismissal of the complaint.

4.                   In order to prove his case the complainant tendered in evidence his affidavit Ex. C-1, bill dated 27.06.2015 Ex. C-2, legal notice Ex. C-3, postal receipt Ex. C-4 and closed the evidence. In rebuttal the OP tendered in evidence affidavit of Jasvir Singh Ex. OP-1, affidavit of Ratnish Sood          Ex. OP-2 and closed the evidence.

5.                   The Ld. counsel for the complainant submitted that the complainant purchased one Pent and one shirt for Rs.1800/-, vide bill No.207 dated 27.06.2015(Ex. C-2) from OP. The size of the said chothes was not comfortable and the quality was also not good. So he went to the shop of the OP for return of the same a few days after its purchase. The OP asked the complainant to come after 15 days and assured to exchange the chothes or refund the price of the chothes after talking to the company. The complainant then again visited the shop of the OP after 15/20 days but the OP refused to either exchange the chothes or refund the amount. A legal notice was also served but in vain.  The complainant visited the shop of the OP many times but nothing was done to redress the grievance of the complainant. Thus OP has indulged in unfair trade practice and also there is deficiency in service by not replacing the chothes or refunding the amount since the chothes did not have proper size and were of poor quality though the chothes were of popular brand. The Ld. counsel pleaded for the acceptance of his complaint.

6.                   The Ld. counsel for the OP submitted that the chothes were sold to the complainant on his asking as per his desire of the size and quality. Moreover, they were sold under discount scheme. It was clearly mentioned on the bill that garments sold under discount will not be exchanged/returned. The complainant bought the chothes as per his choice after fully satisfying himself about the size and quality. He only once visited the shop of the OP after two months. The chothes were not having the tags and barcode when the complainant only once visited the shop. As per the company's instructions,  no product was replaceable and returnable without barcode. The ld. counsel argued that there was neither any deficiency in service nor unfair trade practice on the part of the OP and thus pleaded for dismissal of the complaint.

7.                   After hearing the Ld. counsel for the parties and going through the pleadings, evidence produced and the oral arguments, we find that there is force in the submissions of Ld. counsel for the complainant. The OP has failed to redress the grievance of the complainant since the price tag and the barcode were intact and the chothes were not used at all, as were produced in the open court.

8.                   In view of the above discussions, we accept the present complaint and find that the OP has committed deficiency in service by not exchanging/refunding the amount. Hence, we direct the OP to refund the amount of Rs.1800/- after taking back the chothes. The order is to be complied within 45 days from the date of receipt of certified copy of this order. If the order is not complied within the stipulated period, it will carry 9% interest per annum till realization. Complainant is also held entitled to compensation on account of harassment and mental agony and unwanted litigation. The compensation is assessed at Rs.2500/- for harassment and mental agony including cost of litigation. Compensation be paid within a period of 45 days from the date of receipt of the certified copy of this order.

9.                   The arguments on the complaint were heard on 12.10.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.         

Pronounced

Dated:  19.10.2016                                                

   

                                                                                 (Veena Chahal)                                                                                            Member

 

                                                                               (A.B.Aggarwal)                                                                                             Member