D.O.F:18/11/2021
D.O.O:20/09/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.212/2021
Dated this, the 20th day of September 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Shereena .M
Govt: I.T.I Quarters
Kasaragod : Complainant
And
Managing Director
Ajmeera Fashion
D/5414 – 5416 And D/5491 – 5493
Raghukul Textile
Market Ring Road, Surat : Opposite Party
Gujarath, Pin 395005
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The Complaint is filed for compensation, on the ground of the service deficiency on the part of the opposite party.
The facts of the case in brief is that the complainants purchased certain fashion goods from the opposite party by paying Rs.23,492.95 via wallet transaction ID 34539054147 order id 20210651054170071, but the items were sent not as per the estimate bill.
Certain items are delivered in different quantity as well as in quality. For the item namely, SK-MOHINI-2xL ordered, they delivered XL and for the item namely,TNC_HAZEL_4xL ordered they delivered Large and for the item namely JJT-SAHEB-H-XXL ordered , they delivered XX, which is damaged also. Even though the estimate amount was Rs.23,482/- the Opposite Party took Rs.23492/- from the complainant. Though there was no provision for paying parcel charge the complainant was constrained to pay the parcel charges. There was delay in delivery also.
The items were sent to wrong places which were redirected and reached the complainant late.
The complainant suffered mental agony and hardships apart from monetary loss. The opposite party did not settle the matter in spite of registered notice. So the complaint is filed for an order directing opposite party to pay compensation and costs.
The notice sent to opposite party did not return and after waiting for reasonable time, it is taken as deemed service and the opposite party is set exparte.
The complainant’s husband Mr. Mustaq filed proof affidavit in lieu of chief examination and marked documents as Ext. A 1 to Ext. A 6. The Ext - A1 is the copy of the estimate for Rs.23,492/- dated 25.06.2021 issued by the opposite party , Ext. A 2 is the Tax invoice for Rs.23,492/- issued by the opposite party to the complainant.
The Ext. A 3 is the Tax invoice with way bill issued by the opposite party Ext. A 4 is the Redirection slip issued by KRS. Ext. A 5 is the invoice issued by the KRS, The Postal AD card for the notice sent to the opposite party.
Based on the pleadings and documents in this case the following issues are framed for consideration.
1. Whether there is any service deficiency or unfair trade practice on the part of the opposite party?
2. If so, what is the relief?
For convenience, both these issues are considered together.
The case of the complainant is that she purchased certain fashion items from the opposite party by paying Rs.23,492.95 via wallet transaction ID 34539054147 order id 20210651054170071, but the items were sent not as per the estimate bill. Certain items are delivered in different quantity as well as in quality. For the item namely, SK-MOHINI-2xL ordered, they delivered XL. And for the item namely,TNC_HAZEL_4xL ordered, they delivered Large and for the item namely JJT-SAHEB-H-XXL ordered , they delivered XX, which is damaged also. Even though the estimate amount was Rs.23,482/- the Opposite Party took Rs.23,492/- from the complainant. Though there was no provision for paying parcel charge, the complainant was constrained to pay the parcel charge. There was delay in delivery also.
The items were sent to wrong places which were redirected and reached the complainant late. The complainant suffered mental agony and hardships apart from monetary loss. The opposite party did not settle the matter in spite of registered notice. So the complaint is filed for an order directing opposite party to pay compensation and costs.
The complainant produced Ext.A1 to A6 documents to prove her case.
The Ext - A1 is the copy of the estimate for Rs.23,492/- dated 25.06.2021 issued by the opposite party , Ext. A 2 is the Tax invoice for Rs.23,492/- issued by the opposite party to the complainant. The Ext. A 3 is the Tax invoice with way bill issued by the opposite party Ext. A 4 is the Redirection slip issued by KRS. Ext. A 5 is the invoice issued by the KRS, Ext A6 is the Postal AD card for the notice sent to the opposite party. Here Ext A 2 to A5 are issued in the name of one Muhammed Ali, the father of the complainant and Ext. A6 is in the name of Mr. Mustaq, the husband of the complainant.
In the absence of any rebuttal evidence this commission is of the view that there is service deficiency on the part of the Opposite Party, due to which the complainant suffered mental agony and loss.
The complainant estimates her loss and damages to the tune of Rs.1,00,000/-. There is no proof for such a huge loss. This commission is of the view that Rs.3,000/- will be a reasonable compensation.
In the result the complaint is allowed and the opposite party is directed to pay Rs.3,000/-(Rupees Three thousand only) towards compensation and Rs.2,000/- (Rupees Two thousand only) towards costs.
Time for compliance is 30 Days from receipt of copy of this judgment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1-Copy of Estimate
A2- Tax Invoice
A3- Tax Invoice
A4- Redirection slip
A5- Invoice
A6- Postal Acknowledgment card
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
