By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant short is as follows:-
The complainant purchased certain items from the opposite party shop including one pants as per invoice No. 542 dated 15/04/2023. When the article was brought to the house of the complainant the child of the complainant said that the colour of the pant is to be changed. Then the complainant immediately on the next day itself taken the pant to opposite party shop and demanded another piece with different colour, but the opposite party refused to consider his request. Hence, the complainant filed this complaint seeking redressal of his grievance. He prayed for the refund of Rs. 1200/-, the cost of the pant’s along with compensation of Rs. 10,000/- and cost of Rs. 5000/-.
2. On admission of the complaint notice was issued to the opposite party, despite service of notice the opposite party did not turn up. Hence the opposite party set exparte.
3. The complainant filed affidavit and documents. The documents marked as Ext.A1. Ext.A1 is the copy of invoice No. 542 dated 15/04/2023. Since there is no contra evidence against the affidavit and documents of the complainant, complaint stands proved. We find there is unfair trade practice and deficiency in service on the part of the opposite party. The Commission allows the complaint as follows:-
- The opposite party is directed to refund Rs. 1200/-(Rupees One thousand and two hundred only) to the complainant as the cost of the pants.
- The opposite party directed to pay Rs. 5000/-(Rupees Five thousand only) as compensation on account of deficiency in service and unfair trade practice and thereby caused inconvenience, hardship and mental agony to the complainant.
- The opposite party is also directed to pay Rs.3,000/- (Rupees Three thousand only) as cost of the proceedings to the complainant.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the opposite party is liable to pay interest at the rate of 12% per annum from the date of filing this complaint till date of payment.
Dated this 30th day of June, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Copy of invoice No. 542 dated 15/04/2023.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
