By. Sri. Jose. V. Thannikode, President:
The complaint is filed for getting cost and compensation sustained on account of non delivery of stitched article in time and for the unsize stitching of the churidars.
2. Brief of the complaint:- The complainant gave cloth to the opposite party for stitching two churidars for his daughter's use from Groom's house after her marriage with a condition that the stitched article should be delivered within the time fixed for her marriage that is on 09.09.2012. But the opposite party has not delivered the article within the stipulated time and it was also not suitable for use when it was delivered on 18.09.2012. When the defects was noticed to the opposite party, the opposite party shouted and insulted the complainant and not rectified the defects of the material. So the complainant sustained loss and damages. Hence the complainant prays for an Order directing the opposite party to pay an amount of Rs.2,500/- as cost of the cloth and stitching charge with interest, and also Rs.2,000/- as compensation.
3. The complaint filed on 15.10.2012 and Notice was served to opposite party on 02.11.2012, and opposite party entered in appearance and filed version on 19.01.2013. The complainant is examined as PW1 and Exts.A1 and A2 marked on 10.04.2013 and case is posted to 25.04.2013 for further evidence, but thereafter for five consecutive posting the opposite party was not turned up. Hence the opposite parties evidence is closed and opposite party is set Ex-parte on 29.06.2013. Heard the complainant on 24.07.2013.
4. On considering the complaint, affidavit and documents and MO's the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- To Prove the complainant's case he filed proof affidavit and stated as stated in the complaint, and the evidence of complainant consists of testimony of PW1. Exts.A1 and A2 and MO 1 and MO2 is marked. Ext.A1 is a complaint copy filed by the Opposite party to Sulthan Bathery Grama Panchayath Secretary, which reveals that there was a transaction by the complainant's wife and opposite party. Ext.A2 is a Show Cause Notice issued by the Sulthan Bathery Grama Panchayath Secretary to one Rama, who is the wife of the complainant which is evidenced from the chief affidavit of the complainant. MO 1 and MO2 is the disputed materials, which shows that it is an un used materials involved in the complaint.6. The opposite party filed version denying all the allegation in the complaint and not defended the case and not adduced any evidence and set Ex-parte. On going through the complaint, affidavit, deposition, documents and MO's. We are in the opinion that there is a deficiency in service from the part of the opposite party and complainant is entitled for the damages, cost and compensation. The Point No.1 is found accordingly.
7. Point No.2:- In these circumstances the complainant is entitled to get Rs.2,500/- as cost of Materials and stitching charges and Rs.500/- as cost and compensation. The Point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite party is directed to pay an amount of Rs.2,500/- (Rupees Two Thousand Five Hundred) only as cost of materials and stitching charges and Rs.500/- (Rupees Five Hundred) only as cost and compensation to the complainant. If any delay for the payment the complainant is entitled to get 8% interest for the amount of Rs.3,000/-. This Order should be complied by the opposite party within one month from the date of receipt of this Order. On complying the Order the opposite party can take the MO 1 and MO2 from the Forum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of August 2013.
Date of Filing:15.10.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1(Chief Affidavit) . Jaganivasan. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Copy of Complaint filed by Opposite party
A2. Copy of Show cause Notice.
MO 1. Churidar.
MO 2. Churidar.
Exhibits for the opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
