Orissa

Debagarh

CC/40/2019

Soven Kumar Pradhan, age 40 years, S/O-Late Jogeswar Pradhan - Complainant(s)

Versus

The Proprietor, SNK ROYALE FASHION, Arjun Das Modi - Opp.Party(s)

26 Feb 2020

ORDER

BEFORE THE PRESIDENT,DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, DEOGARH

C.C NO-40/2019

Present;-      Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member(W) and Smt. Arati Das, Member.

 

Soven Kumar Pradhan,age 40 years,

S/O-Late Jogeswar Pradhan,

At-Lalusahi,Ward No-1,

P.O/P.S/Dist-Deogarh,Odisha.

Pin-768108.                                                                                      ...    Complainant.

                                                              Versus.

1. The Proprietor,

          SNK ROYALE FASHION,

         Arjun Das Modi,

         At-Bazzarpada, Bypass Road, Gandhi Marg,

        P.S/Dist-Angul.(Orissa).

2. The Corporate Manager,

          Mohan Clothing Company Private Limited,

         The Manufacturer of BLACKBERRY’s Casuale,

        76, Udyog Vihar, Udyog Vihar Phase 1,

       Dundahera Village, Sector 20,

       Gurugram, Haryana- 122016.                                                        …..O.Ps

 

               Counsel for the parties :

               For the Complainant :       Nemo

               For the O.Ps. Party :           None.

 

DATE OF HEARING :24.02.2020, DATE OF ORDER ; 26.02.2020

Smt. Jayanti Pradhan, Member(W):-        Brief facts of this case is that the  Complainant on dtd. 12.05.2019, has purchased a Blackberry Full Sleeve Shirt amounting to Rs. 2,195/- and paid through ATM cum debit Card. On dtd. 13.05.2019 he noticed the stitch over the left Cuff (near wrist) of the shirt is not proper and ruptured. On dtd.15.05.2019 he informed this matter to the O.P-1 and requested to change the same and give him a new one of the same brand and price. By the direction of the O.P-1 he washed the shirt and left it with the O.P-1. After some days getting information from the O.P-1 when the Complainant reached to collect his shirt, the O.P-1 handed over the shirt after getting repair from a local tailor instead of exchange it from the manufacturer. The Complainant became reluctant to receive the shirt but unwillingly he received it and kept with him. The O.P-1 neglected him in providing him a new shirt by replacing it rather shifted his burden to the manufacturer. As the Complainant has a reliance on the brand, he could not rely on the stitches made by local tailor as the stitching is uneven, unmatched, overlapped and wrinkled. He has been harassed by O.Ps and incurred financial loss and mental pain due to irresponsible and negligent nature of the O.Ps. As the O.P-1 denied to exchange the shirt and since then it is still lying with the Complainant in unused condition.

   The O.Ps are set exparte as they failed to attend the Forum in spite of getting the registered notice. So, they are not interested to context the case.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act.1986?
2. Whether this Forum has jurisdiction to try this case?
3. Whether the O.Ps has committed any Deficiency in Service and Unfair Trade Practice to the Complainant?

 

From the above discussion and material available on records we inferred that the Complainant comes under the purview of consumer of the O.P as he has purchase a Blackberry’s shirt from the O.P-1. Again the cause of action arose at Deogarh when the Complainant then returned to his native village at Deogarh and made several telephonic contact with the O.P-1 to exchange the defective shirt and the O.P-1 denied the same. Hence this Forum has jurisdiction to try this case.   Again it is observed that non-appearance anyone on behalf of O.P-1 and O.P-2 shows that they had nothing to say in their defence or against the allegations made by Complainant.  Again the O.P-1 delivered him the shirt after getting it stitched by local tailor  instead of exchange the shirt from the O.P-2 which amounts to “Deficiency in Service” u/s-2(1)(g) and “Unfair Trade Practice” u/s- 2(1)(r) on their part, according to the “Consumer Protection Act-1986". Hence we order as under:-
 

ORDER

The Complaint Petition is allowed. Under the circumstances we hereby direct the O.Ps jointly and severally to exchange the defective Shirt and deliver a brand new shirt of the same brand and price or to pay Rs 2,195/- (cost of the clothing) with interest at 9% per annum from the date of filing of complaint and to pay an amount of Rs 2,200/- as compensation for mental agony, harassment and Rs. 500/- towards cost of litigation. All the above direction are to be complied within 30 (Thirty) days from receipt of this order, failing which, the Complainant is at liberty to proceed in due process of law.  

              

               Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.

              

               Order pronounced in the open court today i.e. 26^th day of February, 2020 under my hand and seal of this Forum.

 

              I      agree,                                         I     agree,

                                   

           MEMBER(W).                                   PRESIDENT.                                                MEMBER(W).                     

 

Dictated and Corrected

  by me.

 

     

        MEMBER(W).