DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH [Complaint Case No:349 of 2011] Date of Institution : 03.08.2011 Date of Decision : 13.10.2011 Sh. Kapil Sharma son of Sh. Mohan Lal Sharma resident of House No.685, Phase-3-B-1, Mohali. ---Complainant. V E R S U S The Gulatis Exclusif, SCO No.94-95, Basement, Sector 17-C, Chandigarh. ---Opposite Party. BEFORE: SHRI LAKSHMAN SHARMA PRESIDENT MRS. MADHU MUTNEJA MEMBER SHRI JASWINDER SINGH SIDHU MEMBER Argued By: Sh. Sunil K. Dixit, Advocate for the complainant. OPs already exparte. PER LAKSHMAN SHARMA, PRESIDENT Sh. Kapil Sharma has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed :- i) To exchange the suit with new one or refund Rs.6,185/- along with interest @24% per annum. ii) To pay a sum of Rs.5,0000/- as compensation for mental agony and physical harassment. iii) To pay a sum of Rs.15,000/- as costs of litigation. iv) To award any other relief, which the Forum deems fit. 2. In brief, the case of the complainant is that he purchased three ladies suits bearing Item Nos.KU-10SF, ES17SF and ES23B for Rs.6,185/- vide Bill No.TGE-5464 dated 29.05.2011 (AnnexureC-1). It has been pleaded that the colour of all the three suits faded without any wash and the same started overlapping. According to the complainant, this happened only on the first wearing. The complainant visited the shop of OP on 03.06.2011 and 15.06.2011 with a request to change the defective suits but OP flatly refused to do so. Left with no other alternative, the complainant served a legal notice upon the OP dated 17.06.2011 (Annexure C-2) but to no avail. In these circumstances, the complainant has filed the present complaint seeking the reliefs mentioned above. 3. OP was duly served through Process Server but it chose not to appear before the Forum and thus, OP was ordered to be proceeded against vide order dated 26.09.2011. 4. We have heard the learned counsel for the complainant and perused the record. 5. From the perusal of Bill dated 29.05.2011 (Annexure C-1), it is proved that the complainant purchased three ladies suits bearing Item Nos.KU-10SF, ES17SF and ES23B from OP and paid a total consideration of Rs.6,185/-. Annexures C-2 is the photocopy of legal notice dated 17.06.2011, which was served upon the OP through Speed Post. In the absence of any reply or affidavit from the side of OP, who chose not to appear before the Forum, the averments made in the complaint have gone un-rebutted. The averments made in the complaint are supported by the affidavit of the complainant. Therefore, it is proved beyond doubt that all the three ladies suits purchased by the complainant were defective as the same got faded on the first wearing and before wash. Failure to exchange the defective suits amounts to deficiency in service. 6. As the suits in question were not exchanged by the OP, the complainant is entitled for the refund of their price. 7. In view of the above findings, this complaint is allowed with the following directions to OP to:- (i) to refund a sum of Rs.6,185/- to the complainant being the cost of all the three defective ladies suits subject to returning the said suits to the OP. (ii) pay a sum of Rs.1,000/- to the complainant as compensation for causing mental agony and harassment; (iii) pay a sum of Rs.5,000/- as costs of litigation; 8. This order be complied with by OP within 30 days from the date of receipt of its certified copy, failing which OP shall be liable to refund the invoice price of the suits in question i.e. Rs.6,185/- to the complainant along with interest @18% per annum from the date of purchase i.e.29.05.2010 till actual payment whereas the amount of compensation of Rs.1,000/- shall also carry interest at the same rate i.e.18% per annum from the date of filing the present complaint i.e.03.08.2011 till actual payment besides payment of Rs.3,000/- as costs of litigation. 9. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced. 13th October 2011. Sd/- (LAKSHMAN SHARMA) PRESIDENT Sd/- (MADHU MUTNEJA) MEMBER Sd/- (JASWINDER SINGH SIDHU) MEMBER Ad/-
C.C.No.349 of 2011 Argued By: None. . --- The case was reserved on 13.10.2011. As per separate detailed order of even date, this complaint has been allowed. After compliance file be consigned to the record room. Announced. MEMBER PRESIDENT MEMBER 13.10.2011.
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. JASWINDER SINGH SIDHU, MEMBER | | 
