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 27^th  day of September 2024

CC. 467/2024

Complainant

K. Thariq,

                        Bougainvillae,

Vengeri, Kozhikode – 673 010.

Opposite Party

                      Manager,

US Polo Show Room,

Aravind Life Style Brand,

Parayancheri, Mavoor Road,

Kozhikode – 673 016.

ORDER     

By Sri. P.C. PAULACHEN  – PRESIDENT        

                                       This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 12/01/2024 the complainant purchased 4 shirts from the opposite party paying Rs. 5,798/-. Out of the same, 2 shirts were defective and this was informed to the opposite party who took back the 2 shirts and promised to do the needful. But in spite of repeated visits to the show room, the grievance of the complainant was not redressed and the behaviour of the opposite party towards him was not proper. Hence the complaint.

3. The notice issued from this Commission on 14/08/2024 was duly served on the opposite party on 27/08/2024. But the opposite party did not respond to the notice and hence set ex-parte.
4. The points that arise for determination in this complaint are;                                                                                                                             1) Whether there was any deficiency of service on the part of the opposite party, as alleged?                                                                 2) Reliefs and costs.
5. PW1 was examined and Ext A1 was marked.
6. Heard.
7. Point No 1:   The grievance of the complainant is that out of the 4 shirts purchased by him from the opposite party, 2 became defective and on intimating the opposite party they received back the defective shirts promising to do the needful, but they did not take any positive action in this regard, either by replacing the defective shirts with new one or by refunding the price.  
8. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the bank statement which shows that on 12/01/2024 a sum of Rs. 5,798.06/- was transferred to the account of the opposite party. It is averred in the proof affidavit of PW1 that the opposite party has neither refunded the price nor replaced the defective shirts with new one.
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not adduced any evidence to disprove the averments in the complaint or to rebut the veracity of the document produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Ext A1.  
10. The act of the opposite party in not replacing the defective shirts with new one or refunding the price amounts to unfair trade and business practice and deficiency of service. The shirts involved this case are 2 in number. There is no complaint regarding the remaining 2 shirts. But the bill is not produced by the complainant. So this Commission is at a loss to find out the actual price of the 2 shirts that the complainant had entrusted back to the opposite party so as to order refund of the price. However, the complainant is entitled to get adequate compensation. He was put to monetary loss and inconvenience on account of the unfair trade and business practice indulged by the opposite party and also due to the deficiency in service.   Considering the entire facts and circumstances, we are of the view that this is a fit case where the opposite party is to be directed to pay a compensation of Rs. 5,000/- to the complainant.
11. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.467/2024 is allowed.

b) The opposite party is hereby directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant.

c) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 5,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.

d) No order as to costs.

Pronounced in open Commission on this, the 27^th  day of September, 2024.

Date of Filing: 01/08/2024        

                                         Sd/                                                             Sd/-                                                             Sd/-                                 PRESIDENT                                              MEMBER                                                    MEMBER                               

APPENDIX

Exhibits for the Complainant :

Ext A1 -    Copy of the bank statement.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -  K. Thariq    (Complainant).

Witnesses for the opposite party

NIL                                

                                 Sd/                                                             Sd/-                                                               Sd/-                           PRESIDENT                                              MEMBER                                                    MEMBER                               

                                        True Copy,      

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                                                                                                                                                                     Assistant Registrar.