BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 11/10/2011

Date of Order : 26/12/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

C.C. No. 546/2011

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :

On 28-04-2011, the complainant purchased apparel worth Rs. 6,220/- from the opposite party. Out of the above clothes, the complainant got a churidar material worth Rs. 1,690/- having had to pay Rs. 320/- for stitching charges. Only though she wore it on two occasions and thereafter washed the same was shredded to pieces due to its sub-standard quality. Subsequently, the complainant approached the opposite party to get her grievances redressed but in vain. She is entitled to get a total sum of Rs. 2,010/- from the opposite party together with compensation of Rs. 1,000/-. This complaint hence.

2. Though the opposite party accepted the notice from this Forum, they opted to remain absent for reasons of their own which amounts their acceptance of responsibility for the claim of the complainant. Proof affidavit has been filed by the complainant. Ext. A1 was marked on her side. Heard the counsel for the complainant.

3. The points that came up for consideration are :-

1. Whether the complainant is entitled to get the price of the churidar in question with stitching charge?

2. Whether the complainant is entitled to get compensation of Rs., 1,000/- from the opposite party?

4. Point No. i. :- Ext. A1 cash bill shows that the complainant purchased the disputed churidar material at a price of Rs. 1,690/-. During the proceedings in this Forum, the complainant produced the churidar set in question for our verification. It was found that the allegations of the complainant were not disproved. Since the matters speak for itself, we are only to hold that the complainant is entitled to get refund of the price of the churidar material. The complainant contends that she had to spend a sum of Rs. 150/- towards lining and Rs. 170/- towards stitching charges. Nothing is before us to controvert the averments of the complainant. So, the complainant is entitled to get the above amounts as well.

5. Point No. ii. :- The elementary necessity of wearing a new dress having not met a consumer has been put unnecessary hazard which calls for compensation which we fix at Rs. 500/-.

6. In the result, we partly allow the complaint and direct as follows :

1. The opposite party shall pay Rs. 2,010/- to the complainant with interest @ 12% p.a. from the date of complaint till realisation for the reasons stated above. In that event, the complainant shall return the stitched churidar to the opposite party simultaneously.

2. The opposite party shall also pay a sum of Rs. 500/- to the complainant towards compensation.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 26^th day of December 2011.

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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