THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C. 588/2014

Dated this the 29^th day of April, 2015

          ( Present:  Smt. Rose Jose, B.Sc, LLB.                  :  President)                      

                                                       Smt.Beena Joseph, M.A                         : Member

ORDER

By Rose Jose, President:

This is the complaint filed under Section 12 of the Consumer Protection Act, 1986. This petition was filed on 15/11/2014. The gist of the complaint is that he have purchased a churidar from the opposite party’s shop on 19/07/2014 for his wife for an amount of Rs.2,850/-. for that opposite party demanded only Rs.2,600/-. When the wife of complainant wore it, colour of the churidar spread on sweating.   Then the petitioner approached the opposite party’s shop in order to get it replaced but the opposite party taken back the same and kept it for some days. After some days, complainant again approached the opposite party and asked for replacement or repayment. But the opposite party was not ready to settle the matter moreover he threatened the complainant. Petitioner send a lawyer notice to the opposite party and for that he has not replied. Hence the complaint.

In the above matter notice issued to both parties and opposite party has not appeared and set exparte on 17/12/2014. Complainant filed affidavit and examined as PW1, Exhibit A1, A2 and A2(a) were marked. A1 is the bill A 2 is the  lawyer notice and A2 (a) is acknowledgment. There is no contrary evidence against the complainant. Hence this complainant clearly proved his case.

On perusal of documents and adduced evidence, it is seen that complainant has purchased a churidar and it became defect at the first use itself  and the opposite party was not ready for replacement or repayment. Hence the complainant proved his case and the petition is partly allowed.

            Therefore we are of the opinion that the opposite party is directed to pay Rs.2,600/- (Rupees Two thousand six hundred only) as price of the churidar  within one month of from the date of receipt of this order, failing which it will carry 10% interest. On receiving the amount, complainant is bound to return the churidar to opposite party.   

Pronounced in the open court this the 29^th day of April 2015.

  Date of filing: 15/11/2014

SD/- PRESIDENT                                                                                                SD/-MEMBER.

APPENDIX

Documents exhibited for the complainant:

A1. Cash bill issued by the opposite party

A2. Lawyer notice sent to the opposite party

A2(a). Acknowledgment card

Documents exhibited for the opposite party:

 Nil

Witness examined for the complainant:

PW1. Rafeeque (complainant)

Witness examined for the opposite party:

None

                                                                                                                        Sd/-President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT