DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 79 OF 2015
Manasi Kar,
D/O: Madhusudan Kar,
R/O: Khamari pada,
PO/Dist- Sundargarh, Odisha,……………………………..……..………. Complainant.
Versus
The Proprietor,
Brundban Bastralaya, Purnabasti Chowk,
Main road, Jharsuguda….………………………………........................... Opp. Party.
Counsel for the Parties:-
For the Complainant Shri Anup Kumar Mishra,Adv. & Associates.
For the Opp. Party None (Ex-Parte).
Date of Order: 22.03.2016
Present
1. Shri S.L. Behera, President.
2. Smt. A. Nanda, Sr.Member.
Shri S.L. Behera, President: - The brief facts of the consumer complaint are that, the complainant namely Manasi Kar belong to Sundargarh town came to Jharsuguda for visit on dtd. 21.07.2015 and she purchased two Samalpuri Salwar suit worth of Rs.3,000/- and Rs.2285.71P respectively from Brundaban Bastralaya, Jharsuguda. As advised by the O.P the complainant works the truth with Ezee detergent for the first time and found that the colour, lustrous of the suits washed away and the suit piece seems to be of low quality. Thereafter the complainant informed the said fact to the O.P and the O.P agreed to exchange the same with another one and on dtd. 12.09.2015 accordingly another suits piece amounting to Rs.3200/- was given by the O.P to the complainant by saying that all suits are not same quality and give the bill vide MR No.J/15/2240. After taking the new Salwar suit again the complainant after first wash face the same problem and the quality of the dress feded. Again on intimation the said fact to the O.P over telephone the O.P assured the complainant “not to hurry whenever you will come to Jharsuguda I will exchange the same” . As assured by the O.P the complainant came to Jharsuguda on dtd. 11.10.2015 to returned the dress , but the O.P showed hostile attitude and did not respond to the complainant and denied returned the same. She also spent Rs.500/- towards making charge of the suit piece and Rs.500/- for travelling expenses.
Being aggrieved with the arbitrary and illegal act of the O.P the complainant filed this case against the O.P alleging deficiency in service and unfair trade practice with a prayer to the forum along with documents and evidence in form of affidavit in relation thereto for a direction to the O.p to pay RTs.7,000/- towards cost of the dress, its making charge, travelling expenses etc. and a sum of Rs.5,000/- for mental agony, harassment including cost of the case.
Being noticed through this Forum, the O.P. is neither appeared before this Forum nor submit his written statement, hence the O.P.is set ex-parte by this forum on hearing the complainant and on perusal of the evidence produce by the complainant proceeded to disposed the present complaint in absence of O.p.
During the course of ex-parte hearing putting reliance on the documents pur forth by the complainant. The complainant to substantiate her case has filed her affidavit evidence and she had reiterated the averment made in the complaint. A contention raised by the complainant are not denied by the O.p by filing written version. Hence the case of the complainant is deemed to be admitted. The complainant has reiterated the content of the complaint and there is no reason to disbelieve the affidavit of the complainant. The complainant has also produce the faded dress before the forum. The contention of the complainant that she has paid Rs.3000/- and Rs. 2285.71P respectively for purchasing of Samalpuri Salwar suit of the O.P is probable and the O.P has fail to provide that service i.e. denied to returned the same as acceptable. Hence after accepting the price for that service, the O.p has fail to provide that service is amounts to deficiency in service.
Now a days in the advertising and market oriented scenario it is observed that few boisterous businessman have brutally blurred ethical entity of customer and shopkeeper relationship. They primarily allured the customers with honey coated hauls and after the fiscal transaction not at all looked into the arising inconvenient of the customer by way of their defective sell. The very purpose of C.P act is to nip such type of consumer thrashing attitude amongst the uncivil merchants and to resume the faith of the innocent buyers upon the consumer protecting statute even if there was no guarantee, no warranty, no exchange or no return, then also the O.P was not authorized to sell the defective materials and supply any goods which are defective is amounts to deficiency in service. The complaint petition is allowed
and she should entitled to get relief along with compensation, hence the order as follows;
ORDER
The O.P is directed to pay Rs.3,000/- ( Rupees three thousand) and Rs.2285.71P ( Rupees two thousand two hundred eighty five seventy one paise) only respectively and receipt the defective dress materials from the complainant. Further the O.P. is directed to pay a sum of Rs.5,000/- ( Rupees five thousand) only towards compensation for mental agony and harassment travelling cost including litigation cost within in 30 days from the date of receipt of this order, failing which interest @ 15% per annum will be charged on the whole awarded amount till date of realization.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 22nd day of March 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
A.Nanda, Sr.Member S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President
