DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday the 29th day of December 2023
CC.482/2023
Complainant
Baburaj. P. C,
Cherikkorachalil,
Kulapurath, Marikkuni,
PIN - 673584
Opposite Parties
Manager,
Sangeeth Wedding,
Mavoor Road,
Calicut - 673001
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 16/08/2023 the complainant purchased a saree with blouse from the shop of the opposite party. The same was worn by the wife of the complainant after stitching the blouse. But there was colour bleeding for the dress. The colour faded and the dress became defective and was not good for wearing. When the matter was taken up with the opposite party, they agreed to replace the saree with a new one, but they were not ready to refund the stitching charges of the blouse. The complainant also doubts that the actual price of the saree was suppressed by the opposite party. Hence the complaint for getting refund of the price of the saree amounting to Rs.980/- and stitching charges of the blouse amounting to Rs. 500/-, along with compensation of Rs. 25,000/-.
- The notice issued from this Commission was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte.
- The points that arise for determination in this complaint are; 1) Whether there was any deficiency of service or unfair trade practice on the part of the opposite party, as alleged? 2) Reliefs and costs.
- The complainant was examined as PW1 and Ext. A1 was marked. MO1 and MO2 were also identified.
- Heard.
- Point No.1:PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the price tag. MO1 is the saree and MO2 is the blouse.
- The evidence of PW1 stands unchallenged.The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant.
- Gross deficiency of service and unfair trade practice on the part of the opposite party stands proved. The complainant is entitled to get refund of the price of the saree amounting to Rs. 980/-. Besides, he had to pay the stitching charges and was put to mental agony and inconvenience due to the act of the opposite party. The complainant is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 3,000/- will be reasonable compensation in this case.
- Point No. 2 :In the light of the finding on the above point, the complaint is disposed of as follows: a) CC 482/2023 is allowed in part. b) The opposite partyis hereby directed to refund Rs. 980/- (Rupees nine hundred eightyonly) to the complainant, being the price of the saree. On such payment, the opposite party can take back MO1 saree from this Commission. c) The opposite party is directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) to the complainant as compensation for the mental agony and inconvenience suffered. d) The payment as afore stated shall be made within 30 days of the receipt of the copy of this order, failing which, the amount of Rs. 980/- shall carry an interest of 6% per annum from the date of this order till actual payment. e) No order as to costs. f) MO2 blouse shall be destroyed after the appeal period.
Pronounced in open Commission on this, the 29st day of December, 2023.
Date of Filing: 16/10 /2023
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Price tag.
Exhibits for the Opposite Party
Nil
Material Objects
MO 1 - Saree.
MO 2 - Blouse.
Witnesses for the Complainant
PW1 - Baburaj. P. C, (Complainant)
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PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar.
