Delhi

North West

CC/1159/2014

RUPA GHOSE - Complainant(s)

Versus

TRENDY COLLECTION - Opp.Party(s)

13 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM : NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088

 

       CC No: 1159/2014

D.No.___________                                                    Dated: ______________

In the matter of:

 

 

Smt. RUPA GHOSH W/o SH. ANIRBAN MITRA,

R/o 155, WASHINGTON STREET,

APARTMENT 803, JERSEY CITY,

NEW JERSEY, USA,

ALSO AT:

207, BANSDRONI GOVT. COLONY,

GEETANJALI APARTMENT,

KOLKATA-70.                                                                … COMPLAINANT

 

 

                Versus

 

1. M/s TRENDY COLLECTIONS,

    SHOP No.1, BANSAL TOWER, 2^ND FLOOR,

    ASHOK VIHAR, PH-II, NEW DELHI.

 

2. SH. ABHISHEK TALWAR,

    C/o M/s TRENDY COLLECTIONS,

    SHOP No.1, BANSAL TOWER, 2^ND FLOOR,

    ASHOK VIHAR, PH-II, NEW DELH                      … OPPOSITE PARTY(IES)

 

 

CORAM : SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER   

                                                                     

    Date of Institution: 29.09.2014                  Date of decision: 29.03.2017

 

SH. M.K. GUPTA, PRESIDENT

ORDER

 

1.       Complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant booked one dress material in the shop of the OP and paid Rs.78,120/- to the OP against cost of the said dress materials on 02.09.2013. The booking was confirmed by the OP vide printed invoice no.100001801 against order no.100003227 and ticket no. DP 28611. As per order the dress material was scheduled to be delivered immediately but was not delivered even after a couple of months and as such the complainant was compelled to cancel the order on 29.09.2013. The OP vide e-mail dated 10.10.2013, informed that ticket no. DP 28611 against booking of the dress materials had been closed and the refund of the said amount to the complainant is under process. The complainant, vide repeated correspondences through e-mail on 01.12.2013, 02.12.2013 and 08.12.2013 requested the OP to refund the amount of Rs.78,120/-. But refund was not given by the OP and the complainant alleged that the OPs have acted illegally.

2.       On these allegations the complainant has filed the complaint against the OPs praying for refund of an amount of Rs.78,120/- as well as compensation of Rs.50,000/- for causing mental agony and harassment.

3.       Earlier OPs have been contesting the case and filed written statement on 10.08.2015 which is signed by OP-2, Prop. of OP-1. In the written statement, OPs did not dispute the factum of booking of dress material and advance payment of Rs.78,120/- on 02.09.2013 by the complainant. The OP submitted that the order was received through online on the website of OP and after receiving the order, the OP started processing the order and started making of Wedding Lehenga and it comes under “Hand Art Work” where no machinery is involved and therefore required a specific time period to complete the product design. It is not a readymade product and it has been customized and designed like the sample product picture which was shown online of the website. The OP submitted that the complainant has demanded the Lehenga before 10.11.2013 and the complainant on 04.09.2013 in the chat conversation at 06:52 p.m., asked for cancellation policy and the OP informed the complainant that the order has been forwarded to the supplier and cannot be refunded as the amount has already been paid to the supplier and it was further informed that it is not a readymade Lehenga and not possible to sell this product to anyone else. The OP further submitted that on 29.09.2013 an e-mail was received from the complainant for cancellation of the order due to uncertain death of her father and the OP required copy of death certificate. The OP has not accepted the refund request of the complainant and there is no deficiency in service on the part of the OP. The product of the complainant is ready for placement with free cost of shipment and courier expenses to the representative of the complainant.

4.       The complainant through her attorney namely Sh. Ananda Ghosh filed rejoinder to the written statement filed by the OPs and denied the case of the OPs. The complainant submitted that order was placed on 02.09.2013 for supply of fabric only with no custom tailoring and as such no measurement was provided. Ordering fabric only was an available option on the website which was accordingly chosen. As per website of the OP, cancellation of the order is possible if no custom measurement is provided and the product is not stripped. Since both the conditions were applicable to the case of the complainant, cancellation of order had no problem and in the chat of 04.09.2013, one representative of the OP confirmed that the complainant did not provide any custom measurement. The complainant further submitted that as per policy of the OP, the order can be cancelled prior to shipment and if no customization was provided and further submitted that in the communication dated 10.10.2013 it was informed by the OP that refund is being processed and refund will be made within 7-10 days. The complainant further submitted that on 21.12.2013, she was told by the OP that OPs have attempted to refund the money 2-3 times via PayPal but refund was not going through since it was passed more than 2 months and the OPs have started making excuses. The complainant further submitted that the representative of the complainant travelled between Kolkata and Delhi 6 times i.e. in September-2014, November-2014, February-2015, April-2015, August-2015 and November-2015 to be present in the Court proceedings and has lost money and filed affidavit of expenses.

  5.     In order to prove the case of the complainant Sh. Ananda Ghosh, the Attorney of the complainant filed his affidavit in evidence and also filed written arguments. The attorney of the complainant also placed on record copy of attorney of his favour executed by the complainant and also copies of various communications through e-mail.

6.       On the other hand, when the case was fixed for OP’s evidence, none for OPs appeared and as such Ops were proceeded ex-parte vide order dated 31.03.2016.

7.       This forum has considered the case of the complainant in the light of evidence of the complainant and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. As already observed the OPs have failed to file affidavit of any witness in support of their defence. It seems that OPs have no case at all. Accordingly the OPs are held guilty of unfair trade practice and deficiency in service.

8.       Accordingly, OPs are directed as under:

1. To refund to the complainant an amount of Rs.78,120/- being the price of the dress material paid in advance.
2. To pay to the complainant an amount of Rs.40,000/- as compensation towards mental agony and  harassment caused to the complainant and her family members.

9.      The above amount shall be paid by the OPs jointly or severally to the complainant within 30 days from the date of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment. If OPs fail to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986.

10.    Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

 

Announced on this 29^th March, 2017.

 

 

 

 

   BARIQ AHMED                      USHA KHANNA                         M.K. GUPTA

      (MEMBER)                             (MEMBER)                    (PRESIDENT)