BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 11/11/2011
Date of Order : 29/02/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 630/2011
Between
Moly Sebastian, | :: | Complainant |
9-B2 KGL, Gosree Road, High Court, Ernakulam. |
| (By party-in-person) |
And
Barida. N., | :: | Opposite Party |
Barby Boutique, North Indian Ladies Tailoring, L.F.C. Road, Kaloor, Cochin – 682 017. |
| (Absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :
The opposite party is conducting a tailoring shop. In September, the complainant approached the opposite party and entrusted her with cloths for stitching 3 churidar tops. The complainant instructed the opposite party to stitch the churidar tops in a particular pattern, but the opposite party failed to do so. Though the opposite party tried to rectify the defects, she could not do the same. At that juncture, the complainant demanded the price of the churidar set and the stitching charges. Though the opposite party agreed to pay the price of the apparels, the complainant was not ready to accept the same, since she had incurred Rs. 450/- for stitching charges and Rs. 1,250/- for incidental charges. The complainant is entitled to get the price of the churidar top materials together with stitching charges and the incidental charges. This complaint hence.
2. Despite service of notice from this Forum, the opposite party did not represent herself before the Forum for her own reasons. Neither oral nor documentary evidence could be adduced by the complainant. In spite of that the complainant, who was heard in person.
3. The only point that came up for consideration is whether the complainant is entitled to get the price of the clothes together with stitching charges and other expenses.
4. According to the complainant, she had purchased apparels worth Rs. 750/- to stitch 3 churidar tops and entrusted the same with the opposite party for stitching. It is stated that the opposite party collected Rs. 1,250/- towards stitching charges no evidence. The complainant maintains that the opposite party failed to stitch the materials as per the specifications suggested by the complainant and the churidar tops became useless and thus she is entitled to get the reliefs as stated in the complaint.
5. Apart from the averments in the complaint, nothing is on record to substantiate the contentions of the complainant as to the prescription of the churidar top to be stitched or an evidence to show the amount collected further or how she had been put to undue disadvantage because of the claim made by her.
6. This Forum is at a loss to entertain such a complaint because squarely in law the complainant does not come within the ambit of a consumer. So naturally, no relief can be granted to the complainant especially so, she has already collected the goods in complaint from the opposite party. That being so, no further repair can be contemplated. This complaint is only to be dismissed for the reasons stated above. Ordered accordingly, since no other remedy is available.
Pronounced in open Forum on this the 29th day of February 2012
Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
