IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 30th day of June 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No. 119/2023 (Filed on 27/04/2023)
Complainant : K.R. Sreenivasan,
Advocate,
Puthuparambil House,
Kothala P.O,
Kottayam.
Vs.
Opposite party : The Manager,
JRN Clothing Company,
RIT Junction,
Pampady, Kottayam.
O R D E R
SRI.K.M. ANTO(MEMBER)
The complaint is filed under section 35 of the Consumer Protection Act, 2019. The brief of the complainant’s case is as follows :
The complainant purchased a Churidar top having size XL from the opposite party on 09/04/2023 on payment of Rs.819/-. The opposite party supplied the old stock of size XXL instead of size XL. Moreover, there were many scratches on the cloth and marking on each of the folding of the top. On the same day evening, the complainant approached the opposite party and returned the Churidar top without any defect for replacing with the suitable size. The opposite party illegally retained the article purchased by the complainant. On repeated demands of the complainant the opposite party was not willing to replace the article or refund the bill amount. This act on the part of the opposite party is deficiency in service and unfair trade practice. This complaint is filed for realizing the cost of Rs.819/- with interest from the opposite party and for getting a compensation of Rs.10,000/-for the damages and mental agony along with cost of Rs. 1,000/- for this litigation.
On admission of the complaint, copy of the complaint was duly served to the opposite party. The opposite party failed to file their version or to appear before the Commission to defend their case. The opposite party was set exparte. The complainant filed proof affidavit and marked document as Ext. A1.
On the basis of the complaint, proof affidavit of the complainant and evidence on record we would like to consider the following points :
(1)Whether there is deficiency in service or unfair trade practice on the part of the opposite party ? (2) If so, what are the reliefs and costs?
POINTS No.1 & 2 :-
On going through the complaint, proof affidavit of the complainant and evidence adduced, it is clear that the complainant had purchased a Churidar top from the opposite party on 09/04/2023 for Rs.819/-. Ext. A1 is the Tax Invoice having No.INV-0544 issued by the opposite party for the product for Rs.819/- with conditions that replacement within 7 days and trialled clothes will not be taken back.
The complainant had returned the article on the same day of purchase, but the opposite party failed to provide the replacement as promised in the Ext. A1 Tax Invoice. The opposite party failed to explain the reason for not providing the replacement of the article purchased by the complainant. This act on the part of the opposite party is deficiency in service on their part. Point No.1 and 2 are found in favour of the complainant. The complaint is allowed and we pass the following orders.
(1) The opposite party is directed to refund an amount of Rs.819/- to the complainant with 9% interest from 09/04/2023 till realization.
(2) The opposite party is directed to pay Rs.5,000/- as compensation for the mental agony and sufferings with cost Rs. 1,000/-.
The order shall be complied within 30 days from the date of receipt of the copy of this order failing which the compensation amount will carry 9% interest from the date of order till realization.
Pronounced in the Open Commission on this the 30th day of June, 2023
Sri.K.M.Anto, Member Sd/-
Sri.Manulal.V.S, President Sd/-
Smt.Bindhu.R, Member Sd/-
APPENDIX :
Exhibit from the side of the Complainant :
Ex. A1 - Copy of Tax InvoiceNo.INV/0544 dated
09/04/2023 for Rs.819/-
Exhibit from the side of Opposite party :
Nil
By Order,
Sd/-
Assistant Registrar
