IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31th day of October, 2011
Filed on 10.06.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
C.C.No.199/2011
between
Complainant:- Opposite Party:-
Smt.Philomina M/s Sindrella Selvar Castle
W/o Sabu,Puthuparambil House Jetty Road, Alappuzha
Muhamma P.O Rep. by its Proprietor Shibu
Alappuzha (Adv. B. Sivadas, Alappuzha)
O R D E R
SRI.JIMMY KORAH (PRESIDENT)
1. The complainant case in a nutshell is as follows: The complainant, on 21st April 2011 purchased a 'churidar' for an amount of Rs.1130/-( Rupees One thousand and one hundred and thirty only ) from the opposite party. The said outfit was for her sister which turned out to be not fitting for her structure. Surprisingly, the said garment, on the first washing itself, lost its color and got tom up. The complainant on 5th May 2011 approached the opposite party and impressed upon him the fate of the clothing the complainant purchased lately. The opposite party ridiculed and humiliated the complainant in front of the staffs and other customers in the shop. The opposite party has declined to replace the said outfit or to refund the purchase price. The complainant sustained monetary loss. She had to suffer mental hardships as well. Got aggrieved on this the complainant approached this Forum for compensation and other relief.
2. On notice being sent up the opposite party turned up and but was not keen on filing version. Resultantly the opposite party was set ex-partie. Later, the opposite party put in a petition seeking to set aside the ex-partie order, but the same was dismissed.
3. The complainant evidence consists of the testimony of the complainant, and document Exbt Al was marked. As we have already observed, the opposite party did not make it a point to challenge the complainant case.
4. Taking into account the contentions of the parties, the sole question that
comes up before us for consideration are:-
(a) Whether the complainant is entitled to any relief ?
5. We went through the materials put on record by the complainant. The complainant produced the Exbt. Al bill which emphasis the purchase of the material clothing from the opposite party. Be that as it may, the immediate short question now arises initially for consideration is whether the opposite party is blameworthy of deficiency of service. Bearing in mind the complainant's contention, we carefully analyzed the materials the complainant brought out on record. The specific case of the complainant is that the clothing the complainant purchased from the opposite party has worn to shreds on its first washing itself. On the opposite party being approached, she was humiliated in front of the staffs and other customers. The complainant filed proof affidavit endorsing the assertive pleadings in the complainant. As we have already observed, the opposite party did not make it a point to challenge the complainant's explicit case. We need hardly say, the case of the complainant stands unassailed. In our considered opinion, the opposite party has committed service deficiency, and the complainant is entitled to the relief sought for.
In the result, the opposite party is directed to refund to the complainant the cost of the material garment viz. Rs.1130/-(Rupees One thousand one hundred and thirty only ). The opposite party is further directed to pay the complainant an amount of Rs.7500/-( Rupees Seven Thousand and five hundred only ) as compensation and an amount of Rs.250/-(Rupees Two hundred and fifty only ) as cost. The opposite party shall comply with the order within 30 days of receipt of this order.
Pronounced in open Forum on this the 31st day of October 2011.
Sd/- Sri.Jimmy Korah
Sd/- Sri.K. Anirudhan:
Sd/- Smt. N.Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original Cash Bill Rs. 1130/- dated 21.04.2011 from opposite party to the complainant
Evidence of the Opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- sh/-
Compared by:-
