THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.121/2014
Dated this the 24th day of May 2014.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By G.Yadunadhan, President:
The case of the complainant is that complainant had purchased a saree for Rs.950/- from the opposite party’s shop. After the first use, complainant washed the saree the colour of the saree had gone. This was intimated to the opposite party. Opposite party was not responded. So complainant seeking relief against opposite party directed them to refund the bill amount and also pay compensation of Rs.10,000/-
Opposite party after serving notice entered in appearance and offered settlement in the beginning itself, but complainant was not present. Hence case is posted for reporting settlement on 23.05.2014. Unfortunately on that day also complainant was absent. Hence the case was taken for order.
Points for consideration.
- Whether any deficiency of service on the part of opposite party?
- Whether Complainant is entitled to get any compensation from the opposite party? If so what is the relief and cost.
Complainant was continuously absent for the last 2 consecutive postings, opposite party was present in all the postings and offered settlement, hence case adjourn to settlement on 23.05.2014, on that day also complainant was not turned up. Since the complainant could not appear before this Fora, Fora can not decide and report the settlement. Opposite party was present in all postings, and complainant deliberately absent. Fora has not in a position to allowing the complaint in favour of the complainant. Hence complaint is liable to be dismissed without any cost.
Pronounced in the open court this the 24th day of May 2014
Date of filing 06.03.2014.
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
//True copy//
( Forwarded/By Order)
SENIOR SUPERINTENDENT