D.O.F:30/04/2019
D.O.O:31/10/2019
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.82/2019
Dated this, the 31th day of October 2019
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SRI.RADHAKRISHNAN NAIR.M: MEMBER
Arundas. T
Kunhadukkam (House)
Perumbala (P.O), Kalanad (Via)
Kasaragod Dist : Complainant
And
Angel Fashion,
Fashion Street near Cancer Hospital
Ved Road, Katargam, Surat, GJ, 395004 : Opposite Party
O R D E R
SRI.RADHAKRISHNAN NAIR.M: MEMBER
The complaint is filed under section 12 of Consumer Protection Act.
The facts of the case in brief is as follows:-
That the complainant booked for a fashion product of the Opposite Party on line paying 649/-. The product ordered was a designer’s sari 79 Rupees 499. But the Opposite Party delivered a different product which is defective and substandard. Hence this complaint is filed for compensation of Rs. 20,000/- from the Opposite Party.
The notice sent to the Opposite Party deemed to be served, after waiting to postal acknowledgement card for a reasonable time and the name called and set exparte.
The complainant filed proof affidavit in lieu of chief examination and document Ext A1 and MO 1 are marked. The Ext A1 is the courier cover and MO.1 is the fashion product delivered by the Opposite Party.
In this case 2 issues are raised for consideration
- Whether there is an unfair trade practice on the part of the Opposite Party?
- If so what is the relief and costs?
For convenience both the issues can be considered together. The definite case of the complainant is that he booked for a fashion product by paying Rs.649/- but the Opposite Party delivered a different product which is defective and substandard. In the absence of any rebuttal evidence this Forum is of the view that the act of the Opposite Party amount to unfair trade practice and they are liable to pay compensation for the loss and mental agony suffered by the complainant along with actual price paid by him.
This forum hold that Rs.3000/- will be a reasonable compensation for the mental agony suffered by the complainant.
Therefore the complaint is allowed and the Opposite Party is directed to refund Rs.649/-with 8% interest from 30/04/2019 the dates of complaint till payment along with Rs.3000/-(Rupees Three thousand only) towards compensation and Rs.2000/- (Rupees Two thousand only) towards the cost. The time for compliance is 30 days from receipt of copy of the judgment.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1. Courier Cover
MO 1. Fashion product
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
