D.o.F:31/12/2010
D.o.O:8/3/2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC 277/2010
Dated this, the 8th day of March 2011
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
Manoj Jacob,
Kariakkunnel House, Balal Po : Complainant
Parappa, Kasaragod
(in person)
Manager,Gulf gate
Hair fixing center,Kasaagod : Opposite party
(Exparte).
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
In nutshell, the case of the complainant is that the wig he purchased from opposite party on 23/12/2010 is unfit to use because it causes itching and when used the conditioner to keep it properly combed he feels headache. According to him he purchased the wig on the specific assurance of opposite party that it has no adverse effects or harm. Therefore when he contacted opposite party and asked them to take it back and refund money, they refused. Hence, complainant seeking compensation and costs.
Though notice to opposite party is served, they did not care to appear before the Forum to contest the matter. Hence opposite party had to be set exparte.
Complainant examined as PW1 and Exts A1&A2 marked. Complainant heard and documents perused.
Complainant adduced evidence reiterating what is stated in the complaint. Exts.A1&A2 marked.
Complainant as PW1 stated that the wig is causing itching and when he is using conditioner to keep the hair properly combed, it caused headache. Further due to the thickness of hair, it is scattering and the slides used under the wig is getting corroded and it also causes itching on his head. Though he approached opposite party and demanded replacement of wig they are neither ready to replace it nor refund the price.
There is absolutely no contra evidence to disbelieve the version of complainant. Therefore it is clear that opposite party is committed unfair trade practice by supplying a wig which is unfit for use.
Therefore the complaint is allowed and opposite party is directed to take back the wig supplied to the complainant and refund `10,000/- together with a cost of `2000/-. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which `10000/- will carry interest @ 9% from the date of complaint till payment.
Exts.
A1&A2-Cash bills
PW1-Manoj Jacob-complainant
MEMBER MEMBER PRESIDENT
eva
Date of filing : 31-12- 2010
Date of order : 20-11 -2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.277/2010
Dated this, the 20th day of November 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Manoj Jacob, } Complainant
Karikunnel House, Balal.Po,
Parappa, Kasaragod
(In Person)
Manager, } Opposite party
Gulf Gate Hair fixing Centre,
Kasaragod.
(Adv.Shrikanthashetty, Kasaragod)
O R D E R
SRI.K.T.SIDHIQ,PRESIDENT
This complaint is again come up for our consideration as per the order of the Hon’ble State Commission. The Hon’ble Commission set aside the ex-parte order earlier passed by this Forum against opposite party on condition that the opposite party shall pay a sum of `8000/- towards the cost to the complainant. Accordingly the opposite party paid the costs to the complainant and the complaint is restored back to the file.
2. The averments of the complainant in brief are that the Wig worth `10,000/- he purchased from opposite party is unfit to use as it causing itching while wearing. Further it is not staying proper as the hair of the wig is thick and the application of the spray causes head-ache and the clips intended for fixing the wig on the head is getting corroded.
3. According to opposite party all the averments made by the complainant is false and he is a tool in the hands of one Vipin who was the former manager of opposite party now working in a rival company of opposite party. According to them they are a reputed company and has got branch offices in various countries. The wig supplied to complainant was excellent quality and the use of the same will not cause any itching and use of the spray will not cause any head ache or any difficulty. All the products manufactured by opposite party company is qualitatively hygienic to human wearing and the wigs are handmade product with well maintained quality hairs. There is no skin contact after wearing the wig. It is fixed with normal locking system called patch. The customers first wear demo and after their satisfaction they order the wig. The shampoo is given to the customers to smear over wig to maintain the condition of hair to have a natural look. These are well explained and trained the complainant also. Further the after sales services are available free of cost. There is no defect to the wig supplied to the complainant and there is no negligence in their service. The defects if any shall be proved by scientific evidence. Hence the complaint is liable to be dismissed with costs.
4. Complainant filed proof affidavit in lieu of examination-in-chief. Exts A1 & A2 marked. He faced cross-examination by the learned counsel for opposite party. On the side of opposite party the Manager of opposite party’s registered office at Calicut filed affidavit as DW1 and faced cross-examination by the learned counsel for the complainant. Both sides heard and documents perused.
5. The definite case of the complainant is that the wig supplied by the opposite party is unfit to use as it is causing itching and headache and the patches/clips attached with the wig to fix it on the head is corroded.
6. But in order to prove the case, the complainant did not even produce the wig before the Forum. Had the clips/patches were corroded it could have been easily identified even from it’s appearance itself. But complainant seldom care to produce the same before the Forum. Further no scientific or expert evidence is adduced to prove that the wig is unfit to use. In the absence of such an authoritative evidence and also because of the non production of the wig before the Forum we are not inclined to allow the complaint.
Hence the complaint is dismissed with a cost of `2000/- to the opposite party.
MEMBER MEMBER PRESIDENT
Exts.
A1. 23-12-2010 Retail invoice for an amount of `7000/-
A2. 23-12-2010 Cash Bill issued by OP for an amount of `3000/-
PW1.Manoj Jacob
DW1. Hussain.
MEMBER MEMBER PRESIDENT
Pj/
