BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> C.C.No. 23/2008 Filed on 07.02.2008<br /> Dated : 30.09.2008<br /> <br /> Complainant:<br /> Krishnakumar.R, Thittamathu Veedu, T.C 50/708, Kalady/Karamana, Thiruvananthapuram. <br /> Opposite party:<br /> M/s Thayyal Dress Makers, Pazhavangadi, Thiruvananthapuram. <br /> <br /> This O.P having been heard on 06.09.2008, the Forum on 30.09.2008 delivered the following:<br /> ORDER <br /> SMT. BEENAKUMARI.A: MEMBER<br /> The complainant in this case Krishnakumar gave two shirt pieces, one two and a half meters in length having special designs and another a blue shirt bit, for stitching to the opposite party, M/s Thayyal Dress Makers on 4th week of October 2007. The two and a half meters shirt piece was a costly one and the complainant instructed the opposite party to stitch in full sleeves with utmost care, as the material had special designs. At the same time, complainant enquired about how and where the design would appear on the shirt, they promised that the cutter knows it all. The opposite party assured the complainant that the shirts will be delivered on 09.11.2007. On that date the complainant approached the opposite party to take delivery of the shirts. But the shirts were not stitched. On 10.11.2007 the opposite party informed the complainant that two and a half meters is not sufficient for a full sleeves shirt as it contained special designs. Then the complainant replied that he will take the material to another tailoring shop. Then the opposite party became silent and agreed to give it on the afternoon of 10.11.2007. The complainant went to the opposite party's shop in the afternoon and he saw that the shirt has been stitched in half sleeves and most of the designs had been cut apart and has levied Rs. 200/- as stitching charge. As per the complainant if the opposite party had not misguided the complainant that the cutter knows how to stitch it, he would have approached Parthas Textiles from where he has purchased the material and furnish them how the design should be incorporated. Hence the complainant approached this Forum for the redressal of his grievance. He claims Rs. 6000/- for his mental agony and hardship from the opposite party. <br /> The complainant has filed affidavit in lieu of evidence and produced 1 document and the document has been marked as Ext. P1 and produced the shirt as MO1. The opposite party is set exparte. <br /> Points to be ascertained:<br /> (i)Whether there is deficiency in service or negligence on the part of opposite party?<br /> (ii)Whether the complainant is eligible for the reliefs and costs. <br /> The main allegation of the complainant against the opposite party is that the opposite party misguided the complainant that the cutter of the opposite party knows how to stitch the shirt with special design, otherwise the complainant would have approached the Parthas Textiles from where he had purchased the materials and would furnish them how the design should be incorporated. But the opposite party gave false promises and stitched the shirt without the knowledge how to stitch the particular designed shirt piece and thereby the shirt piece became useless since the design in the shirt piece was not properly used and stitched and also charged Rs. 100/- as stitching charge. As per the complainant the cost of one meter of such a shirt material is Rs. 220/-. The shirt piece is two and a half meters. The price of the material is Rs. 550/- and stitching charge was Rs. 100/-. The opposite party's improper stitching method caused the complainant the loss of Rs. 550/- and also he suffered mental agony due to the act of the opposite party. Hence the opposite party is liable to compensate for that loss. Hence this Forum allow the complaint. <br /> <br /> In the result, opposite party shall pay Rs. 1,500/- to the complainant towards compensation and also shall pay Rs. 500/- as costs of the proceedings and the complainant is directed to take back the shirt from the Forum. Time for compliance one month. Thereafter 12% interest per annum shall be paid to the above said amounts till the realisation. <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th September 2008.<br /> <br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> G. SIVAPRASAD : PRESIDENT<br /> <br /> <br /> S.K. SREELA : MEMBER<br /> C.C.No. 23/2008<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS : <br /> PW1 - Krishnakumar.R<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Photocopy of cash/credit invoice dated 10.11.2007 for <br /> Rs. 200/- issued by the opposite party to the complainant. <br /> <br /> III OPPOSITE PARTY'S WITNESS :<br /> NIL <br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> NIL<br /> <br /> <br /> PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />