The Complainant has filed this case alleging deficiency-in-service by the O.P, where O.P is Apsar Khan, New Bombay Tailor, Ranipatana, Balasore.

                    2. The case of the Complainant in brief is that the Complainant had given some pieces of clothes for preparation of two pieces of blouse and three pieces of shallower pant and three pieces of shirts on 20.05.2017 along with symbol mark of clothes are attached with the receipt dtd.20.05.2017 and had paid Rs.900/- (Rupees Nine hundred) only towards advance charges for remuneration charges as mentioned in the receipt duly written and signed by the O.P. As per instruction of the O.P, the Complainant had been to his shop on 05.06.2017 to receive all the garments, but the O.P informed the Complainant to come after 10 days to receive the same. Thereafter, the Complainant had been to the shop of O.P to receive the dresses in several occasions, but the shop was closed and lastly, the O.P did not listen to the Complainant, rather abused in filthy language and stated that he has not received anything for preparation of dress and threatened not to come his tailoring shop again. Accordingly, the Complainant being the Secretary of Jagrata Nari Sangathan, Niliabag, Balasore had been to O.P on 03.08.2017 along with other members of the above said Nari Sangathan and requested to give delivery of the garments, but the O.P denied to deliver the alleged dresses and abused the Complainant along with other members, thereby threatened them to assault further and also threatened to create rioting by some gundas, as such the Complainant along with other members returned back from the shop of the O.P being harassed. Cause of action arose on 04.08.2017, which day the Complainant sent notice to the O.P to take shelter in proper Court of Law. The notice being sent by the Complainant to the O.P is the pre-requisite of Law for filing of this case. The Complainant has prayed for delivery of dresses by the O.P for the clothes given by her along with compensation for mental agony, harassment and litigation cost.

                    3. Though the O.P appeared through his Advocate, but has filed his written version beyond the statutory period, for which written version filed by the O.P was not accepted.

                    4. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that in spite of several approaches, she did not get back her dress materials or finished product i.e. stitched Salwar Punjabi and blouses. Further, she has submitted that she has paid to the O.P a sum of Rs.900/- (Rupees Nine hundred) only against the due amount of Rs.390/- (Rupees Three hundred ninety) only as per cash memo of the O.P. She has filed Xerox copy of cash memo of Shri Sat Anand Bhawan Stores for purchase of cloth for Rs.2,040/- (Rupees Two thousand forty) only, but the Complainant has not filed the original of these two documents for the reason best known to her. There is no sufficient material to show that she has handed over all the three items of cloth to the O.P for stitching. Though the written version of the O.P has not been accepted as mentioned earlier, but the O.P admitted about his bill and denied about the payment of Rs.900/- (Rupees Nine hundred) only. As per general prudence, it cannot be believed about payment of Rs.900/- (Rupees Nine hundred) only against the outstanding of Rs.390/- (Rupees Three hundred ninety) only. So, the payment is discarded. So, it remains that O.P has received the Salwar Punjabi and blouse cloth from the Complainant and he is duty bound to return the same after stitching. The O.P has not filed carbon copy of the bill to extract the truth.

                    5. So, now on careful consideration of all the materials available in the case record, this Forum come to the conclusion that the O.P is liable to return the stitched three Salwar Punjabi and two blouses to the Complainant after receiving of stitching charges of Rs.390/- (Rupees Three hundred ninety) only from the Complainant or to return such clothes without stitching and to pay compensation of Rs.500/- (Rupees Five thousand) only along with litigation cost of Rs.500/- (Rupees Five thousand) only and in case of non-return of clothes, the cost of Rs.1,500/- (Rupees One thousand five hundred) only is to be refunded to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum on the whole amount i.e. the cost of the clothes, compensation and litigation cost from the date of order till realization. Hence, Ordered:-   

                                                     O R D E R

                         The Consumer case is allowed in part on contest against the O.P with cost. The O.P is directed to return the stitched three Salwar Punjabi and two blouses to the Complainant after receiving of stitching charges of Rs.390/- (Rupees Three hundred ninety) only from the Complainant or to return such clothes without stitching and to pay compensation of Rs.500/- (Rupees Five thousand) only along with litigation cost of Rs.500/- (Rupees Five thousand) only and in case of non-return of clothes, the cost of Rs.1,500/- (Rupees One thousand five hundred) only is to be refunded to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum on the whole amount i.e. the cost of the clothes, compensation and litigation cost from the date of order till realization. The Complainant is also at liberty to realize her claim from the O.P under due procedure Law, in case of failure by the O.P to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 20th day of July, 2018 given under my Signature & Seal of the Forum.