DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

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Complaint  Case  No: .35 of 2011

 Date  of  Institution: 21.01.2011

                    Date   of    Decision  :09.08.2011

Sh. Rajnish Thakur S/o Sh. Ranjit Singh R/o House No.3270, Sector -23-D, Chandigarh.

                   ..…Complainant

     V e r s u s

Shahil Handloom, Shop No.3024-B, Sector -22-D, Chandigarh, Opp. Kishan Bhawan, Chandigarh.

                        ..…Opposite Party

QUORUM   SMT. MADHU MUTNEJA                    PRESIDING MEMBER

SHRI JASWINDER SINGH SIDHU                 MEMBER

Argued by:           Complainant in person.

OP already exparte 

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PER JASWINDER SINGH SIDHU, MEMBER

1]                 Sh.Rajnish Thakur, complainant (referred as CC for short) has filed the present complaint against the Opposite Party (referred as OP for short), on the ground that CC had purchased the Quilt Cotton Cover from the OP for Rs.350/- on 24.12.2010. It is submitted by the CC that after its washing the color of the cover become fade. OP assured him at the time of purchase that if the color of the cover become fed then he will take it back, but the CC visited the OP a number of times. But OP refused to change the same and the CC filed the present complaint seeking relief of directing the OP to refund the price of the cover and compensation.

2]                OP on being issued the notice, responded by filing an affidavit, which is without title. Though one Sh.Suresh Kumar appeared in person in the capacity as Proprietor of OP, but failed to file a detailed version contesting the claim of the CC. Thereafter, OP did not appear and was subsequently proceeded against exparte vide order dated 22.07.2011.

3]                The present complaint is the most simplest prayer a CC can ever made and even the relief claimed by the CC is also as simple as his complaint.

4]                The OP having failed to contest the claim of the CC by not filing version / reply in a proper manner and by remaining exparte.  The entire contents of the compliant go un-rebutted in favour of the CC. However, the affidavit filed one Sh. Suresh Kumar S/o Sh.Inder Lal in Para No.2 states that ld.Forum had directed him to pay Rs.500/- as compensation charges to the CC, which he agreed to pay, but the CC refused the same. This one aspect could not be corroborated from the proceedings of the Fourm as evident from the file wherein there is no such offer made from the side of the Forum. Hence we do not believe the contents of the affidavit.

5]                On the above mentioned averments, we allow the present complaint and direct the OP to pay Rs.1500/- as consolidated amount of compensation to the CC within 30 days from the date of receipt of this order, failing which OP shall pay the above said amount to the complainant @18% from the date of filing of this complaint till the date of realization.

                   Copy of this order be supplied to the parties free of cost. The file after its due compliance be consigned to the record room as per rules.

Announced

09.08.2011                                                                            

 (MADHU MUTNEJA)

PRESIDING MEMBER