C.K. Lekhamma, Member. The facts of the case of the complainant in short are as follows: On 24-6-10 the complainant purchased a cotton Churidar material worth Rs. 585/- from the opposite party. The opposite party also offered the stitching work, the cloth entrusted to the opposite party. The complainant wore the Churidar just once and then washed the same in quality detergent powder. But after washing it was found that the material became dull and the original colour of the Churidar had vanished and even the thread also started coming out. According to the complainant it was clear that the Churidar material was of very poor quality and the Churidar can not be used again. Thereafter the complainant approached the opposite party with the Churidar to get her complaint redressed. The shop accepted the Churidar promising that they would examine the matter and either refund the price of the material or replace with another churidar of equal value. However, after keeping the Churidar for one week they returned the same telling the complainant that they can not do any thing in the matter. The complainant contented that the opposite party has employed unfair trade practice by giving sub standard material and giving false assurance to mislead the customer. Hence there is deficiency of service on the part of the opposite party. Therefore the complainant prayed for the following reliefs. a. To Direct the opposite party to refund Rs. 585/-, the value of the defective Churidar material including stitching charge b. To Direct the opposite party to pay Rs. 1,000/- towards the mental agony and hardship suffered by her on this count. c. To pay the cost of this proceedings. 2. Complainant appeared through the counsel. Despite the receipt of notice of this Forum opposite party remained absent. No oral evidence was adduced by the complainant. Ext. A1 was marked on her side. We have heard the counsel for the complainant. 3. The points for our determination are as follows: i. Whether the complainant is entitled to get refund of the price of the Churidar set or replacement of the garment in question? ii. Compensation and costs if any? 4. Points Nos. i & ii. The case of the complainant is that the opposite party has been given sub standard material and assured that the material in question was a quality product and further assured that their stitching would be perfect. But the Churidar wore just once and then washed the same and found that its original colour has been vanished and the thread started coming out. Ext. A1 bill evidence the transaction between the parties. The complainant produced the defective garments in question before us for personal verification. After physical examination we found that the contention of the complainant is correct. Thereafter we returned the same to the complainant. There is no contrary evidence before us to rebut the evidence of the complainant. In the light of the aforesaid findings we found that the case of the complainant is believable and opposite party has committed deficiency in service. Hence we are of the view that the complainant is entitled to get replacement of the Churidar set from the opposite party. 1. In the facts and circumstances of the case we are not ordering any compensation but complainant is entitled to get costs of the proceedings from the opposite party since the opposite party failed to settle the dispute at the out set. 2. Accordingly we allow the complaint and direct that 1. The opposite party shall replace the Churidar under dispute with a new one of the same price according to the choice of the complainant or in the alternative opposite party shall refund Rs.585/- to the complainant. In either of the events the complainant shall return the Churidar in question to the opposite party simultaneously. 2. Opposite party shall pay litigation costs of Rs. 1,000/- to the complainant. The above said order shall be complied with, within a period of one month from the date of receipt of copy of the order. Pronounced in the open Forum on this the 31st day of July 2010.
| | [HONABLE MR. PROF:PAUL GOMEZ] Member[HONABLE MR. A.RAJESH] PRESIDENT[HONABLE MRS. C.K.LEKHAMMA] Member | | 
