By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
On 12/02/2022 complainant purchased some dresses like Kurthy, Top , Pants and Shawl for her daughter for an amount of Rs.5050/- from opposite party shop. At the time of purchasing the above items opposite party promised that, if the dresses are not suited to complainant’s daughter, then he will change the dresses. On 14/02/2022 complainant had approached opposite party to change one of the dresses namely western top having cost of Rs.1352/- which was not his daughter’s measurements. But there was no other dress in that category to suit complainant’s daughter. Due to the compulsion from opposite party complainant taken another dress having a cost of Rs.1175/-.But opposite party was not ready to return the balance amount of Rs.190/- to complainant. Moreover opposite party behaved in a very rude manner to complainant, who is a senior citizen aged 65 years. Hence this complaint.
2. Claim of the complainant is that, he is entitled to get Rs. 1352/- the cost of the dress and Rs. 10,000/- for the mental agony and hardship suffered by him by the act of opposite party and Rs. 600/- as cost.
3. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3. Ext.A1 series are the original bills given by opposite party to complainant, Ext.A2 is the photocopy of Ext.A1(1). Ext.A3 is the photocopy of Ext. A1(2).
5. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
6. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.1352/-(Rupees One thousand three hundred and fiftytwo only) cost of the dress (western top) to complainant.
- The opposite party is also directed to pay compensation of Rs.4000/-(Rupees Four thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs. 1000/- (Rupees One thousand only) as cost of the proceedings
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 30th day of August , 2022.
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.A1to A3
Ext.A1 : Series are the original bills given by opposite party to complainant.
Ext.A2 : Photocopy of Ext.A1(1).
Ext.A3 : Photocopy of Ext. A1(2).
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
