IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 7th day of September 2009 CC.190/2008 Divya Surendran Choorakkottle, P.O.Veerpad, Complainant Iritty 1. Proprietor, The New Store, Kannur1 2. Proprietor “Campus” Opposite parties Casa Marina Complex Near AKG Hospital, Talap, Kannur 4. O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section12 of consumer protection act for an order directing the 2nd opposite party to refund the cost of dress materials and cost of stitching charges along with Rs.10, 000/- as compensation and cost. Complainant’s case is that she had purchased a churidar dress material from 1st opposite party b y paying an amount of Rs 298/- and was entrusted to 2nd opposite party on 5.8.08 for stitching. On 8.8.08, the dress was made by 2nd opposite party. But the complainant was astonished to see that the dress was stitched by taking the cloth reverse side. When it was pointed out to 2nd opposite party, he get annoyed and insulted the complainant in front of others. At the time of entrust, it was well explained and particularly shown to 2nd opposite party. In fact the complainant could not use the dress materials and the entire amount spent was lost. Apart from financial loss, the complainant was ill-treated by 2nd opposite party. The complainant made request to check the error and correct the mistake, but 2nd opposite party shows deaf ear by saying that he is conducting the shop for the last so many years and well conversant with the tailoring. He charged Rs.190/- as stitching charge. All these were caused due to the deficient service and unfair trade practice of 2nd opposite party. Hence this complaint. On receiving notice from the Forum both the opposite party appeared and filed their version. 1st Opposite party filed version admitting that on 4.8.08 complainant purchased dress materials for Rs.298/-. The 1st opposite party further admits that they had an occasion to see the alleged churidar stitched by the 2nd opposite party and on verification it is seen that the said material was stitched in reverse side and 1st opposite party is not liable for the mistake. So the opposite party has no liability and hence the complaint s liable to be dismissed. 2nd opposite party filed version denying the averments in the complaint. He submitted that his institution is rendering service as per the demand and conditions of the consumers. In this case also he had stitched the churidar as per the order and conditions put forwarded by the complainant. According to the 2nd opposite party he had stitched with proper side and the complaint has not instructed him to stitch the churidar with reverse side and not entered it in the job card also. So he had stitched the dress material using proper side and hence there is no deficiency on his part and hence the complaint is liable to be dismissed. Later on 2nd opposite party was absent and hence he was set exparty. Upon the above contentions the following issues are raised for consideration 1. Whether there is any deficiency on the part of the opposite parties? 2. Whether the complainant is entitled to get any relief? 3. Relief and cost. The evidence in this case consists of the chief affidavit in lieu of chief examination and Exts.A1 and A2. The complaint has produced the alleged churidar for perusal and taken back and a piece of the material is produced and marked as Ext.A2 (a). Issue Nos. 1 to 3 Opposite parties admitted that the complainant had purchased a churidar material from 1st opposite party as per Ext.A1 for Rs.298/- and stitched it from 2nd opposite party as per Ext.A2 by giving Rs.190/- as stitching charge The only one point to be decided is whether the 2nd opposite party has stitched the churidar by taking the cloth reverse side. We were examined the alleged churidar. The material is made up with some sort of silky model having light blue colour and has embroidery with golden and black colored silky yarn. The churidar was stitched with the embroidery is on the reverse side. Any prudent man can realize that the original side is which is having embroidery work on the proper side. It is a common fact that a tailor has very much conversant with cloths and hence it is clear that there is some deficiency on the part of 2nd opposite party by stitching the reverse side. So we are of the opinion that the 2nd opposite party is liable for this and he has to compensate the complainant for the same. So he has to gave Rs.298/- the value of material with Rs.190/- the stitching charge along with Rs.250/- as cost and Rs.250/- as compensation to the complainant and she is entitled to receive the same. 1st opposite party has no liability and hence he is discharged from liabilities. In the result, the complaint is allowed directing the 2nd opposite party to pay Rs.488/- (Rupees Four hundred and eighty eight only) as value of the materials with stitching charge with Rs.250/-(Rupees Two hundred and fifty only) as compensation and Rs.250/-(Rupees Two hundred and fifty only) as cost to the complainant within one month from the date of receipt of this order, otherwise the complaint is at liberty to execute the order under the provisions of consumer protection Act. The complainant is also directed to return back the churidar to 2nd opposite party in the event of such payment. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Retail invoice issued from New Store, Kannur A2.Slip issued from 2nd OP Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
