Date of filing : 19.4.2018

Judgment : Dt.16.1.2019

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Smt. Jhumka Chakraborty against The shop-in-charge, Navrang, (A House of ladies Garments)

            Facts in brief, are that the Complainant a practicing Advocate went to the Opposite Party’s (referred as OP hereinafter) Shop for purchasing some garments such as Kurti, Leggings and purchased garments amounting Rs.1,315/- from, the OP on 21.9.2017 and on returning her residence she checked the garments and found some defects in it and the said garments were below expected quality, so the Complainant decided to return the same and went to the OP’s shop on the next day and returned the garments which the shop in charge accepted and assured the Complainant to supply fresh garments in exchange within 2/3 days but that assurance did not translate into reality as the shop in charge did not pay attention to the Complainant’s request on each and every visit which was continued to February, 2018 though the Complainant was even ready to pay more for better quality garments but the OP took no initiative to supply the same. Moreover, she started behaving rudely and finding no other way the Complainant sent Demand Notice dt.26.2.2018 through her Ld. Advocate to the OP as well as Traders’ Association but the said letter remained unreplied.

            The Complainant has further stated that she spent Rs.1,315/- for the garments, Rs.1,000/- for contacting shop in charge, Rs.1,000/- for transportation charge, Rs.1,000/- for sending Advocate’s letter, Rs.2,000/- for buying new garments and Rs.5,000/- towards Advocate’s fee. It is further stated that act of the OP caused serious damage to her ca5reer and an amount of Rs.40,000/- can only compensate her grievance.

            Accordingly, the Complainant prayed for direction upon OP to pay Rs.50,000/- towards compensation and monetary loss incurred by her and other reliefs.

            The Complainant annexed bill dt.21.9.2017, postal receipt, Advocate’s letter dt.26.2.2018, track report.

            The OP contested the case by filing written version denying and disputing all the allegations made out in the petition of complaint stating inter alia, that the Complainant visited their shop on 21.9.2017 and purchased one piece Kurti, one piece Leggie 4 cat, two pieces Panty Dixcy, one P 5413 Ski white, one PC 5413 Skin white for Rs.1,315/- after checking the said items thoroughly and, after a span of about 2 months i.e. in November, 2016 came to the shop for returning one PC Legie 4 cat, one PC 5413 Skin white (Komli) and one PC 5413 skin white (Komli) and in exchange of that items wanted to purchase new garments which was initially denied by the OP but to keep the goodwill of the shop the OP agreed to exchange the same and accordingly the Complainant purchased new items of worth of Rs.630/- and was paid balance amount by OP which was mentioned on the back side of the bill and, thereafter, the Complainant never visited the shop and accordingly prayed for dismissal of the case.

            Both parties adduced evidence followed by questionnaire and reply thereto.

            In course of argument, Ld. Advocate for the Complainant filed original receipt and submits that the OP neither returned the garments nor did refund the amount.

            Ld. Advocate for the OP submits that the amount paid by the Complainant had been adjusted with new purchase and balance amount had already been paid to her, which had been mentioned on the back side of the bill. Moreover, the shop in charge is only an employee and the Navrang has not been made a party, so the complaint suffers from misjoinder of party.

            Points for determination

            i) Whether the case is maintainable     

ii) Whether there is deficiency in service on the part of the OP

            iii) Whether the Complainant is entitled for the relief as prayed for

Decision with reasons

                Point No.1

            The Complainant claimed to have purchased some ladies garments from the shop of OP namely Navrang and returned the said items to the said shop but the OP neither handed over any garments in exchange nor did pay the amount.

            On perusal of receipt filed by the Complainant it appears that the garments were purchased from Navrang Shop (but the instant case has been filed against Shop-in-charge of Navrang).

            The OP in her written version has stated that she is only an employee of Navrang and being an employee she is no way liable for any deficiency in providing service as alleged by the Complainant.

            On perusal of record, it appears that the instant case has been initiated against the Shop-in-charge only and the Navrang has not been made a party. We are of opinion that the shop namely ‘Navrang’ is necessary party to the instant case and in absence of necessary party the instant Consumer Complainant suffers from non-joinder of necessary party and, therefore, the instant case is not maintainable in its present form.

            Point No.1 is decided accordingly.

            Since Point No.1 is decided negative, there is no scope to go into the merit of the instant case.

            In the result, the Consumer Complaint does not succeed.

            Hence

                                     ordered

            That CC/212/2018 is dismissed being not maintainable.