Delhi

West Delhi

CC/15/230

RITIKA GOVILA - Complainant(s)

Versus

SHEHZADI - Opp.Party(s)

18 Oct 2016

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

 

                                                                                    

 

   Date of  institution : 13.04.15

 

Complaint case No. 230/15                                                              Date of order  :18.10.16

 

In the matter of :

 Ritika Govila.

D/o R.K Govila

 K-1511, Palam Vihar,

Gurgaon, Haryana-122017

                                                                                                              …Complainant

 

Vs.

 

Shehzadi  (Design Studio for women),

J-79, St Sujan Singh Marg,

Main market, Rajouri Garden,

 Delhi- 110027                                                                              …Opposite Party

 

 

 

 

 

 

                                                                                                                                   

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(R.S. BAGRI, PRESIDENT)

O R D E R

                        Briefly stated facts of the complaint are that the Complainant ordered  wedding dress (lehenga-choli) from Shehzadi (OP) on 13^th January 2015 against payment  of Rs. 10,000 as advance. Marriage of the  complainant was fixed for 5^th February 2015. The OP showed an off-white/cream/beige sort of  lehenga with costing Rs. 23,900/-with very fine and neat embroidery work  and  velvet choli with full embroidery on  front and  back.The  choli was of  black   velvet. The Complainant was assured by the OP that she will get  lehenga made in the colour desired by  her . The Complainant did not like black choli. The OP asked the complainant to select choli of her choice.

 The complainant chose a magenta colour for the choli (colour cold: 203) with same border on the lehenga and asked the OP to prepare (stitch) as per the sample. The OP promised to  deliver the lehnga and choli on 24^th January, 2015. When the complainant called OP on the 23^rd January 2015 for reminding him, he denied of having placed any order by the complainant. The Complainant visited the store of OP on 25^th January 2015 but the product (lehenga) was not available with him. After an hour the complainant was shown a shabby lehenga  from a bundle. The final product (lehenga) shown to her was not close to what was ordered by the complainant. The choli was tight by  2.5 inches and was not as per the specification ordered by the complainant.

                       

                                                                       

 

 

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Due to shortage of time, the  complainant found it very difficult to arrange for finances and  other dress for her marriage. The OP  refused to refund the advance . There was  defect in product in lehnga and choli  and deficiency of service on the part of OP.

 The complainant has prayed  for refund of Rs. 10,000  of advance, payment of Rs . 50,000 for the harassment, mental agony and anguish caused ,   Rs. 5,000 for  transport expenses and Rs. 5,000 as  damages for  misconduct of  the opposite party.

 Notice of the complaint was sent to the opposite party. But none appeared on behalf of OP despite service.  Therefore OP was proceeded ex-parte on 30.11.15.         

            When the complainant was asked to lead evidence, she submitted her affidavit dated 09.03.16. Wherein she once again narrated the facts of the complaint. The complainant in support of her version  also relied upon photocopy of invoice dated 13.01.15.                                            

            We have heard the complainant in person and have gone through the complaint,affidavit and invoice carefully and thoroughly.   

            From the perusal of invoice, it reveals that the complainant paid Rs 10,000/-as advance for purchase of Lehenga and choli from OP. But the OP failed to deliver the dress in time.

The version of the complainant and invoice dated 13.01.15 have remained un-rebutted and unchallenged.   Therefore, there is no reason to disbelieve the same.       

 

 

 

 

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From the un-rebutted and un-challenged version of the complainant, it is proved that the complainant ordered for Lehenga for Rs 23,900/-and paid Rs 10,000/- as advance. The complainant faced hardship due to non-delivery of the dress in time. Hence,  OP is negligent and deficient in service .

            Therefore we are of the opinion that advance paid by the complainant be refunded with interest @ 9% from filing of the complaint till realisation.The complainant is also entitled for compensation of Rs.5500/- for mental pain, agony and sufferings and   litigation expenses.

            Therefore, we direct The OP to refund Rs10,000/- with interest @ 9% p.a. from filing the present complaint till actual realisation of the amount and also to pay Rs.5,500/-  as compensation  on account of mental pain, agony , sufferings  and litigation expenses within 30 days after receipt of the order.

Order pronounced on   : 18.10.16

• Compliance of the order be made within she 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

 

(PUNEET LAMBA)                               (URMILA GUPTA)                   ( R.S.  BAGRI )

  MEMBER                                            MEMBER                               PRESIDENT