DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Palakkad, Kerala
Dated this the 29th day of September, 2011
Present: Smt.Preetha.G. Nair, Member
: Smt.Bhanumathi A.K. Member Date of filing:31/03/2011
CC/53/2011
Noor Muhammed,
S/o Kamaludheen,
Kochamkulam, - Complainant
Pallikkal Veedu,
Thenkurussi,
Palakkad
(By Adv. N. Abhilash)
Vs
Proprietor Devadas,
Image Bontique Ladies Tailoring, - Opposite party
West Yakkara
(By Adv. John John)
O R D E R
BY SMT. BHANUMATHI. A. K, MEMBER
The case of the complainant in brief:
On 10/11/2010 the complainant entrusted a Churidar Material with the opposite party for stitching and also received a receipt for the same Vide No.4683. At that time the opposite party promised that churidar will be ready on 15/11/2010. It was intented to give the churidar to the neice of the complainant and also to attend a marriage function wearing the said churidar. Accordingly on 15/11/2010 the complainant approached the opposite party for getting the stitched churidar. But the complainant was informed that the churidar is not ready and it will take one week more. When the complainant asked to give churidar on 16/11/2010 but the opposite party was not ready to do so and behaved the complainant very badly. So the complainant and his family could not attend the marriage function. The above act of opposite party caused mental agony and hardships to the complainant. So the complainant seeking an order
directing the opposite party to pay Rs.1,000/- as cost of the churidar material and Rs.10,000/- as compensation for mental agony.
Opposite party filed version with the following contentions. It is admitted by the opposite party that the complainant entrusted a churidar material with the opposite party on 10/11/2010. But it is not true to say that the churidar was not ready on 15/11/2010. The opposite party shop is very small and there were many female customers to buy their stitched materials as it was the day before Id-Ul-Fither. The complainant walked here and there among the women and the opposite party requested the complainant to keep some distance. So the complainant became angry and threatened the opposite party. The churidar was ready on the said date itself. But the complainant left the shop without accepting the churidar. The opposite party could not contact the complainant since the opposite party is not aware of the address of the complainant. There is no deficiency of service on the part of the opposite party. The complaint may dismissed with cost.
Both parties filed their respective affidavits. Ext. A1 to Ext. A3 marked on the side of the complainant. No documentary evidence is adduced on the side of the opposite party.
Matter heard:
Issues to be considered are,
1. Whether there is any deficiency of service on the part of opposite party ? If so,
2. What is the relief and cost ?
Issues I & II
Complainant entrusted a churidar material to the opposite party on 10/11/2010 for stitching and received a receipt Vide No.4683 ie, Ext. A1. According to A1 document the due date of the stitched churidar is on 15/11/2010. When the complainant went the opposite party shop, the churidar was not ready and he was informed that it will take one week more. Complainant says that the purpose of the churidar was to give his niece as a perunnal (Eid-Ul-Fither) gift and also attend a marriage function by wearing the same. But all these averments of the complainant are not supported by any document.
Opposite party says that the churidar was ready on the said date itself. But when the complainant came to receive the churidar there were many female customers in the shop and the opposite party requested the complainant to keep some distance for the women's satisfaction. So that the complainant behaved very badly and left the shop without taking the churidar. Opposite party says that all these are occurred in the presence of other customers. But no steps were take to prove his case.
The prayer of the complainant is to pay the cost of the churidar material. But no receipt is produced. Anyhow it is evident from Ext. A1 document that the due date of the stitched churidar was on 15/11/2010. No advance payment was made by the complainant.
In the result complaint partly allowed. The opposite party is directed to return the stitched churidar and Rs. 500/- as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 29th day of September, 2011.
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of the complainant
1. Ext.A1- Original of Receipt(No.4683) issued by the opposite party dated, 10/11/2010.
2. Ext.A2- Copy of Lower notice along with acknowledgement card and postal receipt sent by the complainant to the opposite party dated, 23/11/2010.
3. Ext.A3- Original of Lower notice issued by the opposite party to the complainant dated, 29/11/2010.
Exhibits marked on the side of the opposite party
Nil.
Witness examined on the side of the complainant
Nil.
Witness examined on the side of the opposite party
Nil.
Cost allowed
Rs. 500/-(Rupees Five Hundred Only) allowed as cost of the proceedings
