DATE OF FILING                    :     06-07-2011.

DATE OF FINAL ORDER       :    30-12-2011.

Smt. Sangeeta Maheshwari,

88, College Road,

Rabindra Nagar, A 407, P.S. Shibpur,

Howrah - 3

District –Howrah---------------------------------------------------------------  COMPLAINANT.

Versus   -

M/s. Puja Boutique,

Vivek Vihar ( I Block ),

493/C/A G.T.  Road,

Howrah – 711 102. -----------------------------------------------------------OPPOSITE PARTY.

                                                                P   R    E     S    E    N     T

                         1.     Hon’ble President    :     Shri T.K. Bhattacharya.

                         2      Hon’ble Member     :      Smt. Samiksha Bhattacharya.

                                        C      O      U       N        S        E        L

Representative for the complainant    :   Complainant herself.

Opposite party  :  Ex parte.

                                                 F  I   N   A    L       O   R   D    E     R

This is to consider an application U/S 12 of the C. P. Act, 1986 alleging deficiency in service and unfair trade practice on the part of the O.P.

Fact, in brief, is that the complainant visited the shop of the O.P. on 10-11-2010 to  tailor her two nighties / gowns. The O.P. charged Rs. 180/- as making charge. The complainant gave the cloth of Rs. 729/- for stitching. On 19-11-2010 the O.P. delivered the nighties / gowns, but to her utter surprise the complainant found that the nighties were not stitched as per measurement. Those are stitched in such a manner that she could not wear them.  Then the complainant gave the nighties to the O.P. for alternation. But the O.P. did not give the service despite several visit of the complainant. Then the complainant requested the O.P. to refund Rs. 909/- ( Rs. 729/-  material cost and the Rs. 180/- making charge ) but O.P. refused. Thereafter on 16-12-2010 the complainant sent a letter to O.P. demanding the refund but in vain. Then the complainant filed her complaint before the Assistant Director of C .A. F. B. P., Howrah, but the O.P. did not turn up. Hence she filed the instant complaint.

Though notices were duly sent to the O.P. they refused the notice of the Forum. Thereafter the District Forum had fixed the case ex parte. 

Now the following point arose for determination:

Is the complainant entitled to get an order in terms of Section 14 of the C.P.Act,1986?

Despite several attempts by the complainant to inform her grievance, O.P. did not turn up,  which tantamounts   to  deficiency in service on the part of the O.P.

In view of the unchallenged documents we are of the view that the prayer of the complainant shall be allowed ex parte. With respect to the compensation we are not inclined to allow the prayer of the complainant in toto. 

                In the result the application succeeds.

Therefore the complainant is entitled to get relief in terms of Section 14 of the C.P.Act,1986.

                Hence,

                                                                O     R     D      E      R      E        D

                That the complaint case under Section 12 of the C.P. Act, 1986 as amended till date is allowed ex parte against O.P. with cost of  Rs. 500/-.

                That the complainant shall get Rs. 909/- on account of her expenditure for the cloth and making charge.

                The complainant shall also get an award of Rs. 500/- as compensation on account of causing harassment and mental agony

                The O.P. is hereby directed to pay the aforesaid amount ( Rs. 500 +  909 +  500 = Rs. 1909/- ) within 30 days hereof failing which the complainant shall be at liberty to put the order into execution.

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