Complaint filed on: 05-04-2010 <br /> Disposed on: 23-08-2010<br /> <br /> BEFORE THE BANGALORE IV ADDITIONAL DISTRICT <br /> CONSUMER DISPUTES REDRESSAL FORUM,<br /> BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052 <br /> <br /> C.C.No.747/2010<br /> DATED THIS THE 23rd AUGUST 2010<br /> <br /> <br /> PRESENT<br /> <br /> SRI.D.KRISHNAPPA., PRESIDENT<br /> SRI.GANGANARASAIAH., MEMBER<br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> Complainant: - <br /> Shri.Jitender Singh,<br /> Old No.85, BMP 47/1,<br /> 2nd main, 7th Cross, <br /> S G Pallya, C.V.Raman Nagar,<br /> Bangalore-93 <br /> <br /> <br /> V/s<br /> <br /> Opposite party: - <br /> <br /> Manager,<br /> ELITE BRANDS PVT. LTD,<br /> GIORDANO TRAVEL GEAR,<br /> # 493, CMH road, <br /> (Near ICICI Bank),<br /> Indira Nagar, Bangalore-38<br /> <br /> <br /> O R D E R<br /> <br /> <br /> Smt.Anita Shivakumar.K., Member<br /> <br /> Grievance of the complainant against the opposite parties [hereinafter called as OPs for short) in brief is that, he purchased a travel bag/suitcase from Op on 2/10/2009. The complainant made its payment of Rs.5,775/- through credit card which has reported by Op by issuing receipt along with warranty card. In the warranty card it has been mentioned that the warranty is for the period of one year from the date of purchase. The said warranty card is not in possession of complainant. The complainant submits that he could not use the bag for travel as the zip of the bag was tight and it was not smoothly operation able, lock was not functioning, bag could not pulled smoothly due to one of the defective wheel. Because of these problems, bag became useless within two months from the date of purchase. Op assured to repair it since it is within the warranty period. The complainant gave the said bag to Op to get it repaired along with warranty card to Op. Op thoroughly verified the warranty card and accepted it to repair and issued repair slip dated 16/1/2010. The complainant submitted that the warranty card is not produced because it has been retained by Op. Op promised that the bag will be return within 2 days but Op did not. After several phone calls and personal visits of complainant Op did not bother and gave evasive reply. Finally complainant asked to refund the money instead of bag. Op also agreed to refund within 20 days since the bag is not in condition to repair. Complainant wrote a letter to refund his money on 23/1/2010 and on 19/4/2010. Even after 20 days Op neither replied to the letter nor refunded the amount. Hence, complainant approached this forum to direct the Op to refund his money of Rs.5,775/-, Rs.10,000/- towards supply of substandard, defective bag, mental agony, hard ship, Rs.5,000/- for cost.<br /> <br /> 2. The OP who was served with notice has appeared through his counsel and filed version stating that he sold the bag to complainant. Op submitted that before purchasing the bag the complainant thoroughly checked and agreed to buy. When the complainant approached Op within warranty period though the complainant mis handled the bag while travelling, Op agreed to repair. The bag has been properly repaired long back but complainant intentionally filed a complaint which is liable to be dismissed with cost.<br /> <br /> 3. In the course of enquiry into the complaint, the complainant and OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant along with the complaint has produced the charge slip of credit card withdrawal towards the payment of bag, copy of receipt, copy of repair slip issued by Op, copy of letter issued to Op for refund of money,. The Op has not produced any documents. We have heard the counsel for parties and perused the records. <br /> <br /> 4. On the above contentions following points for determination arise.<br /> 1. Whether the complainant proves that OP has caused deficiency in his service in either not returning the repaired bag or in refunding the cost of the bag?<br /> 2. To what reliefs, the complainant is entitled to?<br /> <br /> 5. Our findings are as under:<br /> Point no.1: In the affirmative<br /> Point no.2: See the final Order<br /> <br /> REASONS<br /> <br /> 6. Answer on Point No.1: The complainant through his affidavit evidence and also copy of invoice has proved that he had purchased a suit case from the OP on 2/10/2009 for Rs.5,775/-. This has not been disputed by the OP. The complainant alleges that within two months from the date of purchase of the bag on 2/10/2009 it developed many problems therefore gave it to the OP for repair who after repair not returned it to him though several requests made to Op. The complainant requested to return the bag including written request dated 23/1/2010 and on 19-4-2010 but Op did not return the bag. Ultimately complainant demanded his paid amount. Though Op agreed to refund within 20 days from the date of request, Op neither replied to it nor refund his money, indicates he is negligent towards customers. In our view Op would have return it at the initial stage of the proceedings. At the stage of arguments, Op submitted that he is ready to return which is repaired properly. But complainant not accepted the offer of Op since he has already purchased another suit case for travelling purpose. So complainant rejected the offer and claiming for refund with compensation. The OP who has contended to had repaired the bag and kept ready could have inform the complainant in writing to come collect it. No such communication is provide. <br /> <br /> 7. Op has done mistake in not returning the bag, and in not refunding the amount when the complainant requested for. Since Op has made the complainant to roam around to get justice and put him in trouble, we are of the view, under these circumstances complainant claiming to refund which cannot be denied. Op is liable to compensate him. Hence, point No.1 in the affirmative and we pass the following order:<br /> <br /> ORDER<br /> <br /> Complainant is allowed.<br /> <br /> Op is directed to pay Rs.5,775/- within 15 days from the date of this order.<br /> <br /> Op is directed to pay Rs.1,000/- to the complainant towards mental agony and hardship.<br /> <br /> Op is further directed to pay Rs.1, 000/- as cost.<br /> <br /> <br /> <br /> Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 23rd August 2010.<br /> <br /> <br /> Member Member President<br /> <br />