IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   11^th  DAY OF NOVEMBER 2022

Present: -        Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

            Smt.S.Sandhya   Rani. Bsc, LLB ,Member

             Sri.Stanly Harold, B.A.LLB, Member

    CC.No.138/2018

Sujin S., 30 years,

Sujin Bhavanam,

Laksham Veedu No.5,

Keralapuram, Vellimon P.O.,                                              :           Complainant

Kollam.          

(By Adv.R.Sethunathen Pillai)

V/s

Kabeer,

Adhina Costumes,

Hayath Villas,

Ragam Jn.,

Oachira 691526.                                                                   :   Opposite party

    (By Adv.V.Renjith)

ORDER

Smt.Sandhya Rani, B.Sc, LLB, Member

            This is a case based on a complaint filed U/s 12 of the Consumer Protection Act 1986.

            The averments in the complaint are as follows:-

1. The District Panchayath, Kollam has introduced a new scheme for the empowerment of transgenders in 2017.  As per the scheme for empowering the cultural artistic talents in transgenders they have decided to provide decorative dresses and other connected amenities to them.  The District Panchayat invited quotation from the public for costumes making and they have accepted the quotation presented by the complainant.  As per the quotation the complainant had to stitch costumes having width 42 inches and length 27 inches for dances namely Naga Nritham, Mayoora Nritham and Radhamadhava Nritham.  The complainant entrusted the above costume making Job with opposite party, on the assurance

that they would provide the stitched costumes for the above mentioned 4 items as per the specifications made by him for which he has paid Rs.2,36,500/- to the opposite party.  As on 04.05.2017 the opposite party handed over the ordered costumes with the complainant but all the dresses were small in size than he has ordered hence the transgenders couldn’t use the same.  So the same were taken by the opposite party on the assurance that he would provide same costumes of large size but he has not returned the same.  For the last 10 months the opposite party has been telling one or other lame reasons for its delay.  The complainant entrusted the said Job with opposite party on the belief that he would do the work

neatly because he was employed with opposite party as makeupman in his costumes stitching centre.  According to the complainant he had trusted the opposite party and that is why he has entrusted the costume making with opposite party.  By way of rent of decorative costumes  the complaint could have earned Rs.50,000/- per year.  But in last year he has lost the said Rs.50,000/- due to the non-availability of the said costumes.  Moreover the District Panchayat had issued notice against him by questioning nonproduction of the costumes in time.  Though the complainant sent Advocate notice the opposite party did not respond to the same.  The above mentioned acts on the part of opposite party amounts to deficiency in service and unfair trade practice.  In the circumstances the complainant prays the following:- 1) to direct the opposite party to give the stitched decorative costumes having width 42 inch and length 27 width specially made for dance items namely Naga Nritham, Mayoora Nritham and Radhamadhava Nritham or to return Rs.2,36,500/- along with interest @ 18% per annum since 04.05.2017 till the date of order. 2) to direct the opposite party to pay Rs.50,000/- to the complainant for loss suffered by him by way of rent of costumes.  3) to direct the opposite party to pay Rs.50,000/- to the complainant by way of compensation for mental agony and financial loss.  4) to direct the opposite party to pay Rs.10,000/- as costs.  Hence the complaint.

2. In response to the notice the opposite party entered appearance and filed version raising the following contentions that the opposite party has been running an institution named ADHINA COSTUMES for the last 20 years where he is stitching Decorative Dresses and making ornaments for dance programmes and Youth Festivals.  The complainant Sujin, one of the makeupmen of opposite party’s above mentioned ADHINA COSTUMES in 2017 period, approached opposite pary institution for making costumes to transgenders in the size of higher secondary students, performing dance programme in District Panchayath, Kollam.  As demanded by the complainant, opposite party stitched all the decorative costumes for Mayuranritham, Radhamadhava nritham and Naganritham and which were handed over to the complainant in time and the dances were performed in the function inaugurated by President of Jilla Panchayath in Jilla Panchayath Hall, Kollam.  After the function the complainant returned 7 sets of Mayuranritham costume to opposite party for altering those dresses into big size on the assurance that he would pay Rs.20,000/- in advance.  But the complainant didn’t paid the said amount. According to opposite party the complainant entrusted any other costumes than the 7 sets of Mayuranritham costumes with him for making necessary alterations with the same.  That the remaining two types of decorative costumes namely 7 sets of Naganritham costumes and 7 sets of Radhamadhava Nritham costumes are with the complainant  and the complainant earning income from them by way of rent.     Moreover the opposite party is ready and willing to return the 7 sets of Mayooranritham costumes to the complainant at any time after getting repairing charge Rs.20,000/- from the complainant.  All the allegations made in the complaint are not maintainable either in law or on facts.  Opposite party is willing to make any kind of alterations or replacement in the stitched dress items or in the ornaments supplied by him, as demanded by his customers after receiving repairing charge for the same.  Hence the opposite party prays to dismiss the complaint with his costs.
3.    Though the opposite party has filed version disputing the case of the complainant he has not co-operated with the trial.  Hence opposite party has been set exparte.  Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Ext.A1 to A3 documents.  Heard the counsel for the complainant.

4.         Ext.A1 is the receipt issued by ADHINA COSTUMES on 04.05.2017 in favour of Sujin S., Keralapuram evidencing the payment of Rs.2,36,500/- to the opposite party for making 7 full set of Naganirtham costume for Rs.82,500/-        7 full set Mayuranritham costume for Rs.77,500/- and 7 full set of Radhamadhavam costume for Rs.76,500/-.  Ext.A2 is the copy of Adv.notice sent by the complainant to the opposite party.  Ext.A3 series is the acknowledgement card with postal receipt evidencing the receipt of the advocate notice sent at the instance of the complainant.

5.         The unchallenged averments in the affidavit coupled with Ext.A1 to A3 series documents would establish that the opposite party has received Rs.2,36,500/- from the complainant for making decorative costumes namely 1) Naganritham full set 7 numbers for Rs.82,500/-2) Mayooranritham full set 7 numbers for Rs.77,500/- and 3) Radhamadhavam full set 7 numbers for Rs.76,500/- but the costumes stitched were small in size hence the same were returned to opposite party for altering the same as per the specification but the opposite party has failed to return the same. 

6.         It is to be noted that the opposite party has not challenged the averments in the proof affidavit and Ext.A1 to A3 series documents nor adduced any evidence to disprove the case of the complainant and to establish his contentions in the written version.  However he has admitted in his version that he had stitched 3 types of decorative costumes having 7 sets which were handed over to the complainant as on date he agreed and from which only 7 sets of Mayoora nritham costumes were returned to opposite party for making alterations in its size and he is willing to return the said costumes after necessary alterations if the complainant would pay repairing charges Rs.20,000/-. 

7.         It is to be pointed out that the opposite party would contend in his written version  that the 3 types of decorative costumes stitched by him has been received by the complainant in time and dances are performed in the function inaugurated by the President of Jilla Panchayath in Jilla Panchayath hall, Kollam and after the function the complainant returned 7 sets of Mayooranritham costumes only to opposite party for altering those dresses into big size on the assurance that he could pay Rs.20,000/- in advance.  But the complainant has not paid the said amount and hence the opposite party has not carried out the alteration work.  The above contention in the written version has not been specifically denied by the complainant while filing the proof affidavit except a bald denial to the effect that all what is stated in written version incorrect.  The complainant has no case in the proof affidavit that by using decorative costume materials he has not caused to perform the programme by the transgenders at the District Panchayath hall.  In the circumstances the contention of the opposite party that the complainant has utilized the costumes materials for the performance of the dance programme and thereafter entrusted only one set of Mayooranritham costumes with him as contended in the written version remains undisputed.

8.         The next contention in the written version is that the complainant has agreed to pay Rs.20,000/- as charges for alteration work and the same has not been paid and hence the opposite party has not carried out the alteration works and not returned costumes dress materials to the complainant is not acceptable at all since it is the fault of the opposite party in stitching the costumes dress material under size.  As he has not performed his obligations in stitching the costumes materials as per the direction (42 inch x27 width) he has to carried out the alteration work free of cost especially when he received huge amount as making charges.  Therefore the complainant is not expected to pay any more amount and the opposite party is bound to return the 7 set of costumes for Mayooranritham entrusted to the opposite party for carrying out alteration works.

9.         The 3^rd relief sought for in the complaint is to pay Rs.50,000/- as rent lost as the opposite party has not returned the costumes.  But in the written version paragraph two (last portion) that the remaining two sets of costumes were in the possession of the complainant and the same has been used by the complainant for staging dance programme.  In the light of the above specific contention the complainant ought to have stated in the proof affidavit that the above contention of the opposite party is incorrect.  We don’t know what prevented the complainant in specifically denying  the material contentions in the written version filed by him especially when the burden of proof in the light of the above specific contentions is upon the complainant.  Therefore the complainant is not entitled to get entire rent claimed for the entire 3 sets of costumes but only entitled to get ⅓ of the rent claimed.

            In the result the complaint stands allowed in part.

1. The opposite party directed to carry out the alteration work of the 7 sets  of decorative Mayoora nritham costumes in the size 42x27 inches within 30 days from today failing which the complainant is entitled to recover ⅓ of the amount spend for the above costume dress materials  ie.

(2,36,500)

         3                     = Rs.78,833.33 with interest @ 6% per annum     from the date of complaint onwards.

2.  The opposite party is directed to pay Rs.16,667/- by way of loss of rent for not stitching and handing over the above dress materials.
3. The opposite party is directed to pay Rs.5,000/- as compensation for mental agony and Rs.5,000/- as cost of the proceedings.
4. If the opposite party fails to comply with above direction No.1 to 3 within 30 days from the date of receipt of the copy of this order the complainant is entitled to recover the amount covered under direction No.1 to 3 with interest @ 9% per annum from date of complaint till realization except for costs. 

Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Commission this       the 11^th day of  November 2022. 

S.SANDHYA RANI:Sd/-

E.M .MUHAMMED IBRAHIM:Sd/-

                                          STANLY HAROLD:Sd/-

Forwarded/by Order

                                                       Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.A1            : The receipt issued by ADHINA COSTUMES on 04.05.2017 in favour of Sujin S.

Ext.A2            : The copy of Adv.Notice sent by the complainant to the opposite party.

Ext.A3            : The acknowledgement card with postal receipt

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil