Bitasta Debnath,

daughter of Bankim Debnath

of 78/1/13, Thakur Ramkrishna Lane,

P.S. Shibpur, District – Howrah,

PIN – 711104.-------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

Sk. Firoz Ali,

prop. of ‘M/S Sk. Murad Ali & Sons’ ( Tailoring Shop )

of 501/2, Sarat  Chatterjee  Road ( Bataitala )

P.S. Shibpur, District – Howrah,

PIN – 711103.owrah, ---------------------------------------------------------Howrah---------OPPOSITE PARTY.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  Complainant, Bitasta Debnath, by filing a petition U/S 12 of the C .P. Act,

1986 ( as amended up to date ) has prayed for a direction to be given upon the O.P. to rectify the defective blouse pieces according to the order placed by her or to pay back the entire cost price of all blouse pieces along with the tailoring cost, so paid by her, to pay an amount of Rs. 20,000/- as compensation for causing physical and mental harassment along with the cost of litigation and other order or orders as the Forum may deem fit and proper.

2.                  Brief facts of the case is that complainant gave different pieces of clothes for

making blouse of 11 nos. to the O.P. being  a tailoring. For such work, O.P.  claimed a total making charge of  Rs. 810/- for all 11 nos. of blouses vide annexure Xerox copies of bill nos. 4642, 4643 & 4644 in the month of July, 2012. Complainant also filed the xerox copies of cash memos of different dates showing the purchase of different clothes for making 10 nos. of blouses. And one blouse piece was attached with one South Indian Silk which was purchased on 30-09-2011 vide annexure cash memo dated 30-09-2011  for an amount of Rs. 2,970/-.  The O.P asked her for a trial of such blouse on 06-08-2012. But even after expiry of such date, the things were not delivered to the complainant. Complainant further stated that one sample blouse was also given to O.P. for their convenience. But though those finished blouses were delivered after a delay of several days, all those were totally misfit and were not at all suitable for wearing. It is further alleged by the complainant that even the O.P. has made all of them defective by way of joining some other clothes to some of them. Complainant made several requests to rectify all those blouses but o.p. did not pay any heed to her requests and also took such a high charge of Rs. 810/- from the complainant. It is also the specific grievance that O.P. has also completely spoiled her costly South Indian Silk Saree as the matching blouse piece of that saree has been distorted by him. As O.P remained silent complainant first filed one complaint before Assistant  Director of C.A.& F.B.P. But O.P. did not turn up on the scheduled date. So, being highly aggrieved and finding no other alternative, complainant filed this instant petition praying for the aforesaid reliefs.

3.                  Notice was served upon the o.p.  and Sk. Firoz on behalf of O.P. appeared

and filed written version.

4.                  Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration.            We have carefully

gone through the contents of written version filed by O.P. There is an overall denial of the allegation made out by the complainant in her complaint / petition. It is admitted by the O.P. in para no. 10 of their written version that one sample blouse was given by the complainant for convenience as all blouses were made according to that measurement and it is also admitted that they joined some similar type and colour of other clothes as some pieces were short in measurement. But did they take permission for such joining ?   When complainant has purchased different blouse pieces from different blouse pieces selling centers paying a total amount of Rs. 1,028/- for 10 pieces, she could have purchased some more alike clothes on getting informed by O.P. about the shortage of cloth. O.P. should not have acted on his own that led to the complete spoiling of all those blouse. It is to be kept in mind that ladies are very  particular about the matching blouse. Apart from that, O.P. has also spoiled her cost by  South Indian Silk saree. Even the complainant requested him to rectify all the blouse but O.P. did not care to hear her request which ultimately led her to file this petition. O.P. should have kept in kind that his business is totally depending on consumer satisfaction but that particular point has been forgotten by O.P. with utter negligence on his part. Accordingly, O.P. is found to be deficient in providing service to the complainant and the case succeeds on merit.     

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.  180 of 2012 ( HDF 180 of 2012 )  be  allowed with  costs  against  the O.P. 

      That the  O.P. is directed to rectify the defects of all 11 nos. of blouses as per the instruction of the complainant in her presence within 15 days from this order, i.d., Rs. 50/- per day shall be charged against O.P. till actual completion of the aforesaid work.

      That the complainant do get an amount of  Rs.  Rs. 3,000/- as compensation and Rs. 1000/- as litigation costs

      That the o.p. is   directed to pay the entire  amount of  Rs. 4,000/-  to the complainant within one month from the date of this order, i.d., the total amount shall carry an interest @ 10% p.a. till actual payment.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah                                      

                                          .