BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD, THIRUVANANTHAPURAM. PRESENT SRI. G. SIVAPRASAD : PRESIDENT SMT. BEENAKUMARI. A : MEMBER SMT. S.K.SREELA : MEMBER C.C. No. 185/2009 Filed on 23.07.2009 Dated : 15.10.2009 Complainant:
N. Sasidharan Nair, T.C 41/1512, Sree Bhavan, Chithra Nagar, Manacaud P.O, Thiruvananthapuram.
Opposite party:
Margin Free Super Shoe Market, Pazhavangadi Junction, Thiruvananthapuram.
This O.P having been heard on 06.10.2009, the Forum on 15.10.2009 delivered the following:
ORDER SMT. S.K.SREELA : MEMBER The grievance of the complainant is as follows: The complainant had purchased one footwear from the opposite party's shop on 20.07.2009 for Rs. 248/-. When the complainant's daughter removed the sticker showing its price affixed on the footwear, a part of the footwear also came out along with the sticker. When the same was brought to the notice of the opposite party, there was no positive response from the opposite party and hence this complaint. Inspite of acceptance of notice from the Forum, the opposite party never turned up to contest the case nor they have filed their version. Hence opposite party was set exparte. The complainant has filed affidavit and marked Ext. P1. The footwear in dispute has been marked as MO1. The issues that would arise for consideration are:- Whether there is any deficiency in service on the part of the opposite party? Reliefs and costs.
Points (i) & (ii):- The purchase of footwear from the opposite party is proved by Ext. P1. The cost of the same is seen as Rs. 248/-. MO1 has been produced. On a perusal of the same, it could be seen that the same has been damaged in a circle shape. This according to the complainant has been caused due to the affixing of sticker on the surface which could easily be peeled off and damaged. The opposite party has never appeared before the Forum. They have not denied any of the allegations levelled against them. As there is no denial on the part of the opposite party, the allegation pleaded against them stands unchallenged. The complainant who is a senior citizen has been dragged to this Forum, due to the deficient act of the opposite party. The agony of such persons are to be taken into consideration. In the instant case also, we find that the complainant has to be compensated for the deficient act of the opposite party for which we find Rs. 500/- as reasonable. In the result, the complaint is allowed. The opposite party shall refund Rs. 248/- along with a compensation of Rs. 500/- and cost Rs. 500/- to the complainant within a period of one month from the date of receipt of the order failing which the entire amount shall carry interest @ 12% till realization. On payment of the amount, the opposite party can take back the MO1 from the Forum.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15th day of October 2009.
S.K. SREELA : MEMBER
G. SIVAPRASAD : PRESIDENT
BEENAKUMARI. A : MEMBER
C.C. No. 185/2009 APPENDIX
I COMPLAINANT'S WITNESS : NIL II COMPLAINANT'S DOCUMENTS :
P1 - Copy of Bill dated 20.07.2009 for Rs. 248/- issued by the opposite party.
III OPPOSITE PARTY'S WITNESS : NIL IV OPPOSITE PARTY'S DOCUMENTS : NIL
PRESIDENT
......................President
......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad | | 
