O R D E R <br /> <br /> A. Rajesh, President.<br /> <br /> The case of the complainant is as follows.<br /> <br /> On 05-07-2007 the complainant has purchased a rain coat from the shop of the opposite party to the tune of Rs. 545/-. The rain coat, it was made by ‘Trophical company.’ While using the rain coat it was found that water was trickling through it especially at the bottom that and his pants and under garments were getting thoroughly wet. The very next day the complainant approached the opposite party and requested her either to replace the rain coat or to refund the price paid by him. The opposite party directed the complainant to meet her husband. In the evening the complainant met her husband, he assurred that he will do the needful in consultation with the whole sale dealer. Accordingly after one week, the opposite party replaced the rain coat with a new piece.<br /> 2. But the same complaint was repeating with the new piece also. The colour of the rain coat stirred and absorbed by the clothes. Hence the complainant approached this Forum seeking direction to the opposite party to replace the rain coat or refund the price and for compensation.<br /> <br /> 3. Opposite party filed version contending as follows. The opposite party categorically denied the transaction with the complainant. The opposite party contents that she is unaware of the whereabouts of the complainant . Admittedly the rain coat in question was manufactured by tropical company. However opposite party is not a retailer of the same. Further opposite party contents that she has been issuing bills for each and every sale from her shop and the complainant might have purchased the rain coat in question from elsewhere. The opposite party is ready to cure the defects if any with the rain coat provided the complainant produces the bill of the transaction. The complaint is not maintainable and is liable to be dismissed. <br /> <br /> 4. Though the opposite party filed version, she remained absent during the proceedings. No oral evidence was adduced by the complainant and no Ext. marked from his side. The complainant produced the rain coat in question and was returned to the complainant after physical verification by us.<br /> 5. Points that arise for consideration.<br /> i. Whether the complainant is entitled for refund of the price of rain coat?<br /> ii. Compensation and costs<br /> 6. While going through the available evidence it can be seen that the opposite party is insisting for bill in all through . Without examining the rain coat in question the opposite party straight away jumped to a conclusion that the rain coat was not sold by her This Forum directed the opposite party to appear in person to verify whether the rain coat in dispute was sold by her or not. But the opposite party did not turn up. This conduct of the opposite party indicates the evasive attitude of her with regard to the claim of the complainant. The non-appearance of opposite party make us presume that the rain coat in question was sold by her to the complainant. It can not be said that the opposite party has come to the Forum with clean hands. <br /> 7.Nobody normally would spare his precious time for a meager issue like to the present one unless he has suffered mental suffering out of some transaction. Here there is no reason to disbelieve the averments of the complainant, even though he has not produced any documentary evidence to prove the transaction between the complainant and opposite party. According to the complainant the very purpose of use of the rain coat is defeated by the low quality of the same. Hence we are<br /> constrained to hold that the complainant is entitled for refund of the price of the coat with interest. <br /> 8. Point No. ii. Considering the facts and circumstances of the case we are not ordering any compensation. Nevertheless the opposite party is bound to pay litigation cost to the complainant. <br /> 9. Hence we are allowing the complaint and direct that,<br /> (1) the opposite party shall pay Rs. 545/- to the complainant being the price of the rain coat together with 12% interest from the date of complaint till realization . The complainant shall return the rain coat to the opposite party on receipt of the above amount. <br /> (2) The opposite party shall pay Rs. 500/- towards litigation cost to the complainant. The order shall be complied with within a period of one month from the date of receipt of copy of the order. <br /> Pronounced in the open Forum on this the 27th day of June 2008.<br /> <br /> <br />