BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI.P.V.JAYARAJAN                                             : PRESIDENT

SMT. PREETHA G. NAIR                                       : MEMBER

SRI. VIJU V.R                                                           : MEMBER

C.C. No. 76/2021 Filed on 06/02/2021

ORDER DATED: 29/12/2022

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under Section 35 of the Consumer Protection Act 2019.  The brief facts of the case is that the complainant purchased a readymade dress material from the opposite party’s showroom for an amount of Rs.1,695/- for his daughter who is studying in Haryana.  The complainant send the dress material to his daughter.  It is assured by the opposite party that if the dress material is not suitable for complainant’s daughter they will take back the dress material and will give suitable one.  It was found that the dress material was not suitable for the daughter of the complainant.  The complainant approached the opposite party to exchange the dress material which was purchased by him with a suitable one, but the opposite party was not ready to give a suitable dress material to the complainant.  The act of the opposite party caused much mental agony and monitory loss to the complainant.  The act of the opposite party amounts to deficiency in service, hence this complaint.

Even though the opposite party received the notice, the opposite party did not appear before this Commission, hence the opposite party was set ex parte. 

Issues to be ascertained:

1. Whether there is any unfair trade practice or deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):  The complainant has filed proof affidavit and has produced 2 documents which were marked as P1 and P2.  It is evident from Ext.P1 that the complainant has purchased the dress materials from the opposite party and also it can be seen from the Ext.P2 that the amount of dress material was Rs.1,695/-.  The opposite party did not turn up, hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  The opposite party is bound to replace the dress material which was purchased by the complainant with a suitable one.  But they haven’t done that.  From the documents produced by the complainant we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of the opposite party.  Hence the opposite party is liable to compensate the complainant. 

In the result the complaint is allowed.  The opposite party is directed to repay Rs.1,695/- (Rupees One Thousand Six Hundred and Ninety Five Only) to the complainant and can take back the dress material and pay Rs.5,000/- (Rupees Five Thousand Only) as compensation for the mental agony suffered by the complainant and pay Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of order till realization. 

A copy of this order as per the statutory requirements is forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 29^th  day of December, 2022.    

Sd/-

                                                P.V.JAYARAJAN                 : PRESIDENT

          Sd/-

PREETHA G. NAIR             : MEMBER   

 Sd/-

                                                                 VIJU V.R                           : MEMBER   

C.C.No.76/2021

    APPENDIX

I           COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

                                                NIL

IV        OPPOSITE PARTY’S DOCUMENTS:

                        NIL

                                                                                                       Sd/-

PRESIDENT