Haryana

Karnal

CC/720/2022

Rajiv Singla - Complainant(s)

Versus

Vson Creations Private Limited - Opp.Party(s)

G.P. Singh

15 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 720 of 2022

                                                        Date of instt.20.12.2022

                                                        Date of Decision:15.02.2024

 

Rajiv Singla aged 62 years son of late Mr.Ved Parkash, resident of H.No.2238, Sector-7, Urban Estate, Karnal, Aadhar Card No.2024 7238 9196.

                                               …….Complainant.

                                              Versus

 

VSON Creations 5-C, Dada Jungi House Ln, Shahpur Jat, Siri Fort, New Delhi, Delhi PIN 110049.

                                                                      …..Opposite party.

 

Complaint Under Section 35 of Consumer Protection Act, as amended up-to-date.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Dr. Suman Singh…….….Member

 

 Argued by: Shri Baljeet Chawla, counsel for complainant.

Opposite party proceeded against exparte.

 

                    (Jaswant Singh President)

ORDER:  

 

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant purchased outfits including sherwani, stole, safa, juti, kurta, kalgi, churidaar pajama from the OP vide order dated 13.11.2019, which were to be worn in the marriage of daughter of complainant, by his son-in-law. The complainant was made to select the outfits from the samples available in the showroom of the OP and after the selection was made, the complainant was assured by the OP that the outfits shall be prepared by designer as per the body measurement of son-in-law of the complainant like height, weight, etc. OP delivered several items on different dates, whereas OP did not prepare the stole as per order given to him. The OP told the complainant that he may give him stole available in the showroom for the purpose of marriage and promised that he shall fabricate the stole available in the showroom for the purpose of marriage and promised that he shall fabricate the stole as per the order given by the complainant. The complainant agreed to the said proposal as matching stole with Sherwani and Juti was very much required befitting the occasion. After the marriage, the complainant returned the sample stole to the OP. The OP assured the complainant that he will shortly prepare the stole as per his order and deliver the same to the complainant. Thereafter, complainant and his daughter contacted the OP several times via telephonic calls and whatsapp messages and requested to supply the stole. The complainant also asked the OP that if he is not able to prepare the stole, he should refund the cost of stole. However, OP falsely kept on assuring the complainant that the needful would be done very early. On 03.11.2022, when the complainant again asked about stole, the OP became furious and threatened the complainant that he shall neither prepare the stole nor shall he refund the money and the complainant can do whatever he likes and he does not care for any court and as such, the complainant has been left with no other alternative but to file the present complaint. Hence this complaint.

2.             Despite service of notice none has appeared on behalf of OP and it opted to be proceeded against exparte, vide order dated 19.07.2023 of the Commission.

3.             Learned counsel for complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of aadhar card Ex.C1, copy of advance receipt Ex.C2, copy of whatsapp chat Ex.C3, copy of postal receipts Ex.C4 and Ex.C5 and closed the evidence on 13.10.2023 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainant purchased outfits including sherwani, stole, safa, juti, kurta, kalgi, churidaar pajama from the OP vide order dated 13.11.2019, which were to be worn in the marriage of daughter of complainant, by his son-in-law. The OP told the complainant that he may give him stole available in the showroom for the purpose of marriage and promised that he shall fabricate the stole available in the showroom for the purpose of marriage and promised that he shall fabricate the stole as per the order given by the complainant. The OP further assured the complainant that he will shortly prepare the stole as per his order and deliver the same to the complainant and thereafter, complainant and his daughter contacted the OP several times via telephonic calls and whatsapp messages and requested to supply the stole but the OP became furious and threatened the complainant that he shall neither prepare the stole nor shall he refund the money and lastly prayed for allowing the complaint.

6.             As per the complainant, he has gave order to the OP for supply of several clothes for the marriage of his daughter but the OP despite promise, neither supplied the stole nor refund the cost of stole i.e. Rs.18,000/-. In order to prove his case, the complainant has placed on file copy of advance receipt Ex.C2 whereby it has been clearly proved that the complainant has made payment of stole to the tune of Rs.18,000/-.         To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus, the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.  Hence the act of the OP amounts to deficiency in service and unfair trade practice.

13.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to pay Rs.18,000/- (cost of stole) alongwith interest @ 9% per annum from 13.11.2019 (date of payment) till its realization, to the complainant. We further direct the OP to pay Rs.20,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced

Dated:15.02.2024                                                                     

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)             (Dr. Suman Singh)

                     Member                         Member