Delhi

East Delhi

CC/307/2019

B.P. SINGH - Complainant(s)

Versus

SHIVAM OPTICS - Opp.Party(s)

02 Mar 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 307/19

 

Shri B.P. Singh

S/o Late Shri Ajmer Singh

R/o 102, Sadar Apartments

Mayur Vihar, Phase-1 (Extn.)

New Delhi – 110 091                                                     ….Complainant

Vs.    

Shivam Optics

Through its Owner

Phase-1 (Extension)

New Delhi – 110 091                                                         …Opponent

 

Date of Institution: 27.09.2019

Judgement Reserved on: 02.03.2020

Judgement Passed on: 03.03.2020

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri B.P. Singh against Shivam Optics (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that the complainant visited the shop of OP on 06.06.2019 after getting his vision checked by a doctor to replace the previous glasses of the spectacles.  The optician of OP’s shop advised the complainant to get vision checked again.  As per the said findings, the optician of OP’s shop told the complainant that he will implant fresh lenses in the previous optical based upon the number of vision obtained. 

          It was stated that the complainant handed over his spectacles to OP for replacement of lenses for an amount of Rs. 2,700/- and paid Rs. 1,000/- in advance.  He was told that remaining amount of Rs. 1700/- be paid on delivery of spectacles on 10.06.2019. 

The complainant visited the shop of OP on 10.06.2019 and received his spectacle with replaced lenses by paying the balance amount of         Rs. 1,700/-.  The complainant felt that the new lenses were not comfortable to his eyes and were not clear in vision.  He was told by Shivam Optics (OP) that it will take 3-4 days to get his eyes adjust as per new lenses. 

The complainant wore those spectacles regularly for more than        3 days, but was still not comfortable.  He visited the shop of OP again for the said problem, where OP asked him to leave it for 2-3 days to get it rectified.  The complainant visited the OP’s shop again after 4 days to take delivery of rectified spectacles, but experienced the same problem. Shivam Optics (OP) told the complainant to leave the spectacles again for 3-4 days.

After 04 days, the complainant received his spectacles with the same problem.  He was told to wear the spectacles for one week and it will suit his eyes.  The complainant wore it for seven days, but the problem was still persistent.  The complainant asked the OP to rectify the problem or refund the amount paid by him which was refused. 

The complainant sent a legal notice dated 05.07.2019 and reminder on 06.08.2019 which were served upon Shivam Optics (OP), but despite service, he evaded from giving reply.  Hence, the complainant has prayed for directions to Shivam Optics (OP) to refund the paid amount of             Rs. 2,700/- alongwith 12% interest; to furnish the complete entries of sales manual or electronic or cash book and ledger between 01.06.2019 to 15.06.2019; compensation of Rs. 50,000/- on account of mental agony and medical problems caused to him by wearing wrong numbered spectacles and litigation charges. 

3.       Notice of the present complaint was served upon Shivam Optics (OP) by Speed Post.  As per track report, they have been served.   None appeared on behalf of OP despite service; hence, they were proceeded ex-parte.

4.       In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited copy of legal notice dated 05.07.2019 and reminder dated 06.08.2019 alongwith postal receipts (Ex. CW-1/A & 1/B colly.)

6.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the testimony of the complainant which has gone unrebutted, it is noticed that the complainant have paid an amount of Rs. 2,700/-, but Shivam Optics (OP) did not issue the receipt for the same.  He was not comfortable with the spectacles which he wore for about 7 days.  Since the testimony of the complainant have gone unrebutted, the facts stated in his testimony have to be accepted.  Thus, the fact remains that the complainant have paid an amount of  Rs. 2,700/- for his spectacles which were not comfortable on his wearing for a period of 07 days, certainly, there has been deficiency on the part of Shivam Optics (OP).  Non-issuance of receipt also amounts to unfair trade practice.  Not only that, complainant have suffered mental pain and suffering by not getting the spectacles according to his vision for which he has to be compensated. 

In view of the above, we order that the complainant Shri B.P. Singh, be paid an amount of Rs. 2,700/- alongwith 6% interest from the date of filing the complaint.  He be further paid an amount of Rs. 2,000/- on account of mental pain and suffering which includes the cost of litigation. 

This order be complied within a period of 60 days from the date of receipt of order.  If not complied, the amount of compensation of              Rs. 2,000/- shall also carry 6% interest from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                               (HARPREET KAUR CHARYA)

       Member                                                                             Member 

(SUKHDEV SINGH)

                   President