Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.04.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to refund the price of the dress to the complainant and also pay compensation and litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had approached a readymade garments for Kids namely GINI and JONY ( Fantassy ventures ) situated at Ganga Complex, Main Road, Kankabgh, Patna. The complainant had purchased two garments for his grand son on 27.01.2013 vide annexure – 1. At the time of purchasing the said garments the sales person of the shop had assured him that there is a provision for exchange of the garments within two months.
It is further case of the complainant that after reaching home it was found that one of the garments is small in size and required to be exchanged as same could not fit in his grand son. The complainant thereafter approached the aforesaid shop and requested the sales person to exchange the garment and he was willing to pay extra amount for larger size if required but the sales person refused to exchange and he rebuked the complainant.
From record it appears that on behalf of opposite party no vakalatnama was filed despite allowing several adjournments.
It further transpires that the registered notice sent to opposite party on 22.02.2013 did not returned and the case was heard exparte.
However it goes without saying that there is no counter affidavit on behalf of opposite party and as such the fact asserted by complainant on oath has to be accepted in toto.
It goes without saying that aforesaid fact asserted on oath by the complainant definitely disclose deficiency on the part of opposite party.
Hence we direct the opposite party to return the price of garments received by him vide annexure – 1 i.e. Rs. 813/- within the period of one months from the date of receipt of this order or certified copy of this order failing which the opposite party will have to pay an interest @ 12% on the aforesaid price of the cloths till its final payment.
Opposite party is further directed to pay Rs. 2,000/- to the complainant by way of compensation and litigation costs within the period of one month.
Accordingly this complaint petition stands allowed to the extent indicated above.
Member President
