IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 14thday of March, 2023.
Filed on 31.12.2022
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- Smt.C.K.Lekhamma, B.A, LLB (Member)
CC/No.333/2022
between
Complainant:- Opposite party:-
Sri.Sadique Ahamed F IHA Designs
Salka, MO Ward Rep.by its Manager
Alappuzha-688001 Nooha Sajeev
(Adv.Jose Y James) The Big Boutique
Pichu Iyer Jn., Alappuzha-688001
(Exparte)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
Brief facts of the complainants case is that :-
The complainant attracted by the advertisement of IHA designs, the opposite party and on 11.12.2022 he purchased a Lahanka set worth Rs.12,500/- from them for his wife. It was said that all the garments there are of good quality and durability and the dyes used for colouring are of high quality. Moreover, they assured that if any defects are found the amount will be refunded within one month of purchase. When the complainant’s wife participated in a marriage function on 18.12.2022 wearing said dress bought from the opposite party, the colour of the cloth came out damaging the other cloth and besides the same the whole body was also coloured due to colour run from the cloth. This caused mental agony to the complainant as the relatives of the complainant happened to see it. Next day the complainant approached the opposite party with the dress and convinced about it and they assured that they will replace or refund the price of the dress for that they requested one week time. Thereafter, no response from them. When the complainant approached them with his wife but the staff of the opposite party behaved badly towards them. The said acts of the opposite party amounts to deficiency in service and unfair trade practice. Hence filed this complaint and sought following reliefs:-
1. To direct the opposite party to refund the price of the disputed dress to the complainant.
2. To direct the opposite party to pay compensation for deficiency in service and costs of the proceedings to the complainant.
2. The points that arose for consideration are as follows:-
- Whether complainant is entitled for any reliefs as sought in the complaint?
- Reliefs and costs?
3. Power of attorney holder of the complainant filed proof affidavit. Ext.A1 to A4 and MO1 were marked. Opposite party remained absent and proceeded with exparte. Heard the counsel for the complainant.
4. Point No.1
The case of the complainant is that he purchased the disputed Lahanka on 11.12.2022 for his wife. It was meant to be worn for the marriage function of his relative. The function was on 18.12.2022. Ext.A2 is the bill issued by the opposite party and A3 is the price tag of the disputed dress.. Unfortunately the colour of the said cloth came out from it and this colour also spread in other dresses and body. In order to convince said allegations complainant produced Ext.A1 photographs and also produced MO1 Lahanka. On perusal of Ext.A1 we found said allegation is true.
Further alleged that, the complainant approached the opposite party shop the very next day ie, on 19.12.2022 with the disputed dress and convinced said defects to the concerned person. Even though they requested one week time to replace or refund the price of the disputed dress, thereafter no response from their side. On 29.12.2022 complainant and his wife again approached the opposite party and complaint about the defect of the dress, but the opposite party’s staff was humiliated them.
According to the complainant, he was attracted by the advertisement of the opposite party and bought the dress after spending a huge amount. But it was not up to the expectation of the complainant and also not as per the assurance of the opposite party and naturally this has caused mental agony to the complainant. Seemingly, the opposite party remained absent after received notice from this Commission. Hence nothing is before us to contradict the evidence of the complainant. Therefore, we have no hesitation to hold that the opposite party is liable to compensate the complainant and also liable to refund the price of the disputed dress.
Point No.2
In the result, the complaint is allowed in part as follows.
1. The opposite party is directed to refund Rs.12,500/- ( Twelve thousand five hundred only), the price of the disputed dress (to the complainant) along with interest @ 9% per annum from the date of purchase, on 11.12.2022 till realization to the complainant. In that event the complainant shall return the disputed dress to the opposite party simultaneously.
2. The opposite party is directed to pay Rs.5,000/- towards compensation for mental agony and also pay Rs.1,000/- towards litigation costs to the complainant.
The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 14th day of March, 2023.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Copy of photograph
Ext.A2 - Copy of Bill
Ext.A3 - Price tag
Ext.A4 - Power of attorney dated 31.12.2022
Evidence of the opposite parties: NIL
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Comp.by:
