BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

                       Dated this the  day of 3rd day of November 2011

                                                                                                        Filed on :  03/09/2011

Present :

          Shri. A  Rajesh,                                                     President.

          Shri. Paul Gomez,                                                  Member

          Smt. C.K. Lekhamma,                                           Member

C.C. No. 478/2011

       Between

Nazreen,                                           :        Complainant

Pallikkara house, Eloor East,                     (By Adv. Manoj. I.M.,

Kuttikattukara P.O.,                             Banerji road, Ernakulam)

Pathalam, Eloor.

                                                And                                                  

M/s. Jayalakshmi,                            :         Opposite party

Near Shenoy’s Theatre,                               (absent)

M.G. Road, Cochin-682 035.

                                          O R D E R

A  Rajesh, President.

            The undisputed facts of the complainants case are as follows:

          On 14-03-2011 the complainant purchased 5 churidar materials and one blouse piece from the opposite party at a price of Rs. 7,120/-  She  purchased the apparels to wear the same on a wedding ceremony of her cousin.  One of the churidar materials worth Rs. 3,895/- was stitched by the complainant.   On  wearing the same, the colour of the churidar spread over the body of the complainant due to the inferior quality of the material.  The complainant approached the opposite party to get the material replaced, but in vain.  The complainant is entitled to get replacement of the churidar material and to get it stitched together with compensation of Rs. 5,000/- and the costs of the proceedings.  This  complaint hence.

          2.  At common law in spite of acceptance of notice absence of appearance amounts to admission of the complaint.   It needs both hands to clap.  No oral evidence was adduced by the complainant. Ext. A1 was marked on her side.  Heard the complainant who appeared in person.

          3. The points  that came up for consideration are

          i. Whether the complainant is entitled to get the churidar material replaced with a new material and to get it stitched?

          ii. Compensation and costs of this proceedings

          4.  Point No. i. During the proceedings in this Forum the complainant produced the disputed churidar for our verification.  On verification it was found that the allegation of the complainant is sustainable. Nothing is forthcoming on the part of the opposite party to controvert the averments of the complainant.  In the absence of such evidence we are only to hold that the churidar material in  question suffers from inherent manufacturing defect and the complainant is  entitled to get it replaced with a new one of the same price.  Though the complainant contended that she had to spent money to stitch the same nothing is before us to substantiate the same.  According to the complainant she has had to suffer lot of inconveniences due to the conduct of the opposite party in not having replaced  the defective churidar, in time which caused the averred inconveniences.  The above conduct of the opposite party  amounts to deficiency in service on their part.

          5. Point No. ii. In this case the complainant, a consumer has been wronged for which she has had to knock at the doors of this Forum.  For reasons stated above and uncontroverted we find almost an adage that what is not controverted is  admitted and accepted. So the opposite party is liable to pay costs of the proceedings to the complainant. Evidently, the complainant had purchased the churidar material sticked it, and worn it on the occasion of marriage of her cousin specifically for which she had intended.  Her complaints only comes afterwards which does not call for her claim for compensation which has above been met squarely.    

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

          i. The opposite party shall replace the defective churidar   with a new one of the choice  of the complainant and also of the same cost.  In that event the complainant shall return the defective churidar to the opposite party simultaneously.

          ii. The opposite party shall pay Rs. 1,000/- to the complainant by way of costs of the proceedings.      

          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 3rd day of November 2011.

                                                                        Sd/- A Rajesh, President.

                                                          Sd/- Paul Gomez, Member

                                                          Sd/- C.K. Lekhamma, Member.

                                                                   Forwarded/By Order,

                                                                   Senior Superintendent.

                                                Appendix

Complainant’s exhibits :

                   Ext. A1                 :         Copy of bill          dated 14/03/2011

Opposite party’s exhibits       :                   Nil

Copy of order despatched on :

By Post :   By Hand: