Complainant present in person. Notice to opposite party served through RPAD. Opposite party is called out absent. Therefore, the opposite party placed exparte. Heard the complainant in person. It is the case of the complainant that, she has purchased one nighty with the opposite party shop on 13/11/2007 for Rs.405/-. She has produced the original receipt also. The complainant states that soon after one wash the colour of the nighty faded. She went to shop of opposite party for two times requested them to replace the same and when she went to the shop of the opposite party on 12/12/2007 at 3-00 P.M the Manager refused to replace the defective nighty and the complainant told that she will approach the District Consumer Forum for relief. Even after that the opposite party did not heed to her request. Therefore, the complainant has approached this Forum for getting the relief. The case made out by the complainant has gone unchallenged. The opposite party has not appeared even though the notice was served. Therefore, it appears that the opposite party has no defense to make. There is nothing to disbelieve the facts stated by the complainant in her complaint. Consumer Protection Act is enacted to safeguard the better interest of the consumers. The complainant had purchased a costly night by paying Rs.405/- and the quality of cloth was not good and the colour faded soon after one wash. Therefore, she is right in asking the refund amount. The opposite party should see that, no substandard goods are sold. The consumer should be satisfied with the service of the opposite party. The consumer in this case has requested the opposite party for replacement, but the opposite party did not accept the request and no proper response was given to complainant. Therefore, the complainant should be appreciated because she had made courage to come to District Forum to get the relief. No doubt the amount involved is small amount, but the complainant being a lady by coming in the District Forum has shown her courage and she is not ready to swallow the injustice. The Honble Supreme Court of India observed that the protection of the consumers is need of the society. The Consumer Protection Act helps to remove the helplessness of consumer who faces against powerful business houses. The Indian society instead of complaining and fighting against injustice, he is accepting it as part of life. Here in this case, the complainant was come to the Forum to assert her right and to fight against injustice. This awareness is the need of the hour. The complainant is entitled to the relief from the hands of the District Forum. In the result, I proceed to pass the following:- The complaint is allowed. The opposite party is directed to pay the price of the nighty of Rs.405/- Plus Rs.500/- as costs of the present proceedings to the complainant forthwith. The total amount payable to the complainant is Rs.905/-. PRESIDENT. We concur the above findings. MEMBER MEMBER.
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