Delhi

North East

CC/404/2022

Ajay Kumar - Complainant(s)

Versus

Shree Chintpurni Apparels Pvt. Ltd. - Opp.Party(s)

09 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.404/22

In the matter of:

 

	Sh. Ajay Kumar S/o Siyaram Choursiya, R/o H.No. A-93/2, Shakti Garden, Meet Nagar, Delhi 93	Complainant
	Versus
	Shree Chintpurni Apparels Pvt. Ltd. F-617 G/F KH No. 110/2 Main Wazirabad Rd. Khajoori Khas, Delhi 94	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

01.11.2022 11.10.2023 09.01.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

ORDER

Anil Kumar Banmba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that on 28.08.2022, Complainant had purchased two pants and one shirt from the Opposite Party. It is his case that after using the said items within 02 and 03 days it was found some manufacturing defect in the said items. Complainant stated that on 01.10.2022 Complainant went to the shop of the Opposite Party and exchange one pant with new one and paid an amount of Rs. 100/- extra. Again on using the same, it was found that there was some manufacturing defect in the said item. On 20.10.2022 Complainant sent a legal notice to the Opposite Party but no action was taken. Hence, there is deficiency of service on the part of Opposite Party. Complainant has prayed for Rs. 2,913/- i.e. the cost of the garments and pay compensation towards the mental harassment and litigation expenses.  
2. None has appeared on behalf of the Opposite Party to contest the case despite service of notice. Hence, Opposite Party was proceeded against ex-parte vide order dated 24.03.2023.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant in person. We have also perused the file and written arguments filed by the Complainant.The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is partly allowed. Complainant stated that he had purchased three garments and one garment was exchanged by the Opposite Party. Hence, Complainant is directed to return the left two garments to the Opposite Party and on receipt of the said two garments, Opposite Party is directed to pay an amount of  Rs. 1,864/- i.e. the cost of the two garments to the Complainant along with interest @ 9 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay an amount of Rs. 5,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 09.01.2024.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamaba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)