PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 74/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member

Satyanarayan Sahoo, Aged about 44 years,

S/O- Sri. AntaryamiSahoo,

R/O-Majhipali, PO/PS-Burla,

Dist-Sambalpur-768017, Odisha.

Mob-9437419827                                                                      ……….......Complainant.

Vrs.

The Manager, Fashion Factory,

Paradise Chamber, Town, Unit No.14, Budharaja Main Road,

Sambalpur-768004, Odisha                                  ..…....……….Opp. Party

Counsels:-

1. For the Complainant         :- Sri. P.K. Sahoo & Associates
2. For the O.P.                        :- Sri. S.K. Patjoshi & Associates

Date of Filing:28.02.2024,  Date of Hearing :16.07.2024  Date of Judgement : 02.09.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is that the Complainant purchased some dress materials from the op of Rs. 1924/- and 9,000/- on dtd. 21.10.2023 and 24.10.2023and was offered with special gift voucher by the OP which were valid till 30.11.2023. On 29.11.2023, the Complainant went to the office of the OP to purchase the item mentioned in the gift voucher but the items of that brand name mentioned in the gift voucher was not available with the OP for which the Complainant could not use the voucher and returned with disappointment. When the Complainant asked the OP regarding the non availability of the items of the brand mentioned in the said gift voucher the OP instead of giving any satisfactory answer misbehaved the Complainant and told that the availability of the items of any brand names depends upon the OP’s choice and the Complainant has no right to demand any items of any specific brand. The OP in order to attract the consumers giving false promises about the availability of branded items in the gift voucher supplied to the Complainant at the time of purchase but actually they are not keeping those branded items in their shop which is nothing but cheating and deficiency of service on the part of the OP.
2. The Written Version of the O.P is that the OP had issued Special Gift Voucher to customer only to get the branded product on discount price for a limited period subject to availability of stock in the store. In this present case the Special gift voucher offer was valid till 30.11.2023 and the Complainant had came to store on 29.11.2023 and the Complainant not found the brand as per his choice. It is also not possible to provide all brands and all size at every time in the store. To clear the previous stock all business store declared offer sale of product on different occasion and provide the service on first come first opportunity to clear the stock. The OP never gives any false promise to any customer at any time. The Complainant had came to store before one day of the validity of gift voucher and after that the Complainant filed this complaint with an ulterior motive to harass and blame the OP. There is absolutely no cause of action against this OP and as in the present case there is no deficiency in rendering services or adoption of unfair trade practice by this OP.
3. From the Written Statements of the both the parties and evidences, it is observed that the OP had issued Special Gift Voucher to customer only to get the branded product on discount price for a limited period but when the Complainant went to the office of the OP within the time period mentioned in the gift voucher to purchase the item, the item was not available for which the Complainant could not use the voucher and returned from the OP store. The OP in order to attract the consumer giving false promises and published misleading advertisement about the availability of branded items in the gift voucher supplied to the Complainant to promote their sale at the time of purchase but actually they were not keeping those branded items  in their shop adequately. Hence deficiency in service found against the OP. Accordingly it is ordered.

ORDER

              The case is disposed of on contest. The O.P is directed to pay Rs. 5,000/- to the Complainant with 9% interest from the date 29.11.2023 till realization, Rs. 25,000/- towards financial loss, mental agony and harassment as compensation and further Rs. 10,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 2^nd day of Sep, 2024.

Free copies of this order to the parties are supplied.