DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  21^st day of March  2016

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member   

               : Sri.V.P.Ananatha Narayanan, Member              Date of filing: 30/06/2014

                                                      (C.C.No.92/2014)         

Dr.Twinkle Surendh,

W/o.Dr.C.Ashokan,

Ardhram’, Kairali Nagar

Cherpulassery Post,

Palakkad                                                      -        Complainant

(By Adv.M.S.Skaria) 

Vs

1.Babu,

   Royal Curtains & Cushions,

   Palakkad Road,

   Cherpulassery, Palakkad

2.Proprietor,

   Modern Curtains,

   Malabar Complex,

   Cherpulassery,

   Palakkad.                                                    -      Opposite party

(By Adv.M.K.Moideenkutty)

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of complaint.

Complainant has entrusted curtain work of her newly constructed house with opposite parties. For that purpose she has purchased curtain cloth from the 2^nd opposite party as per the direction of the 1^st opposite party. Complainant selected the cloth from the 2^nd opposite party’s shop. Three types of cloths are selected cream, pink and blue. Selected Cream and pink cloths are the same materials worth Rs.130/meter. Cost of blue cloth is   Rs.110/meter. She paid an amount of Rs.15000/- as advance to the opposite parties. On      13-4-2014 an employee of the opposite parties fitted the curtain cloths. On 15-4-2014 complainant paid balance amount of Rs.16535/- to the opposite parties. Complainant submitted that she has paid a total amount of    Rs.31535/- to the opposite parties.  On 24-4-2014 complainant noticed that material of cream cloth and pink cloth are different. Pink cloth curtains are inferior in quality. These facts are immediately informed to the opposite parties. Complainant submitted that till this date they neither replaced the pink curtain nor refund the cost of the pink curtain to the complainant even after repeated requests. Allegation of the complainant is that opposite parties charged higher rate for the low quality materials. Hence the complaint. Complainant prays for an order directing to pay   

a)Rs.14,000/- towards the cost of pink curtain and their stitching charges

b)Rs.25,000/- as compensation and

c)Rs.5,000/- as cost of the proceedings to the complainant.

Complaint was admitted and issued notice to opposite parties. Opposite parties appeared before the forum and filed version contending the following;

          Opposite parties denied all the allegations leveled against them. Opposite parties contended that they did not approach complainant for the cushion work. Instead, complainant approached opposite parties for the cushion work. Complainant selected the curtain cloths from 2^nd opposite party’s shop. The employees of the opposite parties stitched the curtain cloth as per the directions of the complainant and fitted in the house of the complainant. At the time of fitting of the curtain complainant and her husband satisfied with work of the opposite parties.  There is no deficiency from the part of opposite parties. Complainant is not entitled to get compensation from the opposite parties. Hence complaint is liable to be dismissed.

 Both parties filed their respective chief affidavits. Ext.A1 and A2 are marked from the side of the complainant. MO1 also marked from the side of the complainant. Ext B1 series are marked from the side of the opposite party. Ext. B1 (a), (b) and (c) marked while cross examination of 1^st opposite party. Complainant is cross examined as PW1 and 1^st opposite party is cross examined as DW1.

The following issues are considered

1.Whether there is deficiency in service on the part of opposite parties?

2.If so, what is the relief?

Issue 1& 2

 It is an admitted fact that complainant has selected curtain cloth for her house. From Ext.A1 it is evident that complainant’s husband paid Rs.31,535/- on  14-4-2014 to the 1^st opposite party. Complainant submitted that she purchased curtain cloth from 2^nd opposite party. At the time of cross examination complainant deposed that sample pieces are taken at the time of purchasing the cloth. Those samples are not produced before the forum. Opposite parties submitted that at the time of fitting of the curtain, complainant and her husband satisfied with work of the opposite parties. Complainant admitted at the time of cross examination that after ten days she has complained about the material of pink curtain cloth. Since the samples are not produced before the forum, we are not in a position to compare the stitched pink curtain cloth to the curtain cloth which the complainant was intended to purchase.    In order to prove the case of complainant, she has neither produced the sample of the pink curtain selected for her house nor taken any steps to prove that materials of pink curtain cloth and cream curtain cloth are different. In these circumstances we are not in position to come to the conclusion that the opposite parties sold the low quality material for higher rate to the complainant. The complainant has failed to prove her case.

In the result complaint is dismissed.   

Pronounced in the open court on this the 21^st day of March  2016.

       Sd/-

                      Shiny.P.R.

                      President   

                         Sd/-

                      Suma.K.P.

                      Member

                      Sd/-

    V.P.Anantha Narayanan

            Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 – Receipt dated 14/4/2014 issued by opposite parties

Ext.A2 series – Copy of lawyer notice alongwith postal receipts dated 25/5/14

Witness examined on the side of complainant

PW1 – Dr.Twinkle Surendh

Exhibits marked on the side of complainant

Ext.B1 series- Samples of curtain clothes-

Ext B1-(a)(b)(c) – Sample curtain cloths pink, cream and blue.

Witness examined on the side of opposite parties

Ext.DW1 - Babu

MO1 -  Stitched  curtain in pink  and cream colour

Cost 

No cost allowed.