B.C.’s Civil Resolution Tribunal has awarded $3,790 to a woman who claimed her wedding dress was delayed for her July 15, 2022 nuptials.
In her March 12 decision, tribunal member Alison Wake said Inderdeep Deo ordered a custom hand-embroidered dress from Frontier Cloth House Limited.
Deo said Frontier did not deliver the outfit on time so she sought a refund. Frontier, however, said it had the dress ready before Deo’s wedding, but that she did not pick it up. It denied owing her a refund.
Tribunal documents state Deo ordered the dress in January 2022.
“I infer from the parties’ submissions that Frontier then ordered the custom outfit from a vendor in India,” Wake said.
Deo said she paid $4,090; however, Wake limited the claim to the $3,790 Deo sought.
Deo said when she went to pick up the dress in April 2022, there were several problems with it. She said the skirt was too long, the top was too large, and the colours were wrong.
She said Frontier agreed to order a new one, but it did not arrive in time, so she purchased a new dress from a different vendor.
Frontier, however, said Deo did not try the outfit on until May 2022.
“It acknowledges that the first outfit’s skirt and sleeves were too long but says that Ms. Deo originally agreed that Frontier would alter the first outfit to correct these issues,” Wake said.
Frontier said Deo only asked for a second dress in June 2022, and that it warned her that it may not arrive in time.
“In any event, Frontier says the second outfit arrived before Ms. Deo’s wedding,” Wake said.
The tribunal member said the issues in the dispute were what the contract was as there was nothing written and what the timeline was for the arrival of the second outfit.
Deo said Frontier told her the second outfit would arrive in early June.
“She says this was important because she needed time to order custom matching jewelry and accessories for the outfit before the wedding,” Wake said. “She says Frontier is aware of these traditions and timelines because it works in the Indian wedding industry.”
Frontier employees testified that Deo originally agreed to have Frontier complete alterations on the first outfit, but later changed her mind. And, Frontier said the delivery would be “extremely tight” and that the dress would arrive right before her wedding, which she agreed to.
So, said Wake, the case came down to credibility.
Wake said she found Deo’s description of events more consistent with documentary evidence provided.
Given the need to purchase jewelry and the start of wedding festivities almost a week before the ceremony, Wake said she found it unlikely that she would have agreed to a later delivery date.
“I find the parties agreed that Frontier would reorder the outfit and that it would be ready by June 15, 2022,” Wake said. “As the outfit undisputedly did not arrive until July 6, 2022, I find Frontier breached its contract with Ms. Deo.”
