Tamil Nadu

South Chennai

40/2010

K.Sundaresan - Complainant(s)

Versus

m/S.Trishla Planetla, Proprietor - Opp.Party(s)

S.Palanivelayutham

24 Jul 2018

ORDER

                                                                        Date of Filing  : 02.11.2009

                                                                          Date of Order : 24.07.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.40/2010

DATED THIS TUESDAY THE 24^th DAY OF JULY 2018

                                 

Mr. K. Sundaresan,

S/o. Mr. S. Kumerasan,

No.F 22, E Block,

TNHB Quarters,

Luz Church Road, Luz Corner,

Mylapore,

Chennai – 600 004.                                             .. Complainant.                                                          

 

  ..Versus..

 

M/s. Trishla Planetla,

Rep. by its Proprietor,

Luz Church Road, Luz Corner,

Mylapore,

Chennai – 600 004.                                           ..  Opposite party.

          

Counsel for complainant      :  M/s. S. Palanivelayutham & another

Counsel for opposite party  :  M/s. K. Krishnamoorthy

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to refund a sum of Rs.900/- towards the cost of dress material, to pay a sum of Rs.85,000/- towards compensation for mental agony and torture suffered by the complainant with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that the quality of chudithar material which was purchased from the opposite party’s shop was very bad when the same was used by his wife as a gift.   The red colour of the collar and neck design had spreaded over and lost its originality.  Immediately, the complainant rushed to the opposite party shop, the sales girls informed the complainant that the opposite party is not in station.  On 22.12.2008, the complainant met the opposite party and explained the defects in the cloth.  The opposite party collected the defective dress material and the payment receipt acknowledging the same in a small piece of paper without mentioning the dress code or signature etc stating that it will be sent to Bombay factory and directed to come back after 10 days.  The opposite party has not responded properly also.  The opposite party has not taken any suitable steps for changing the dress material or payment of cost etc.  Hence the complainant issued legal notice dated:07.02.2009 for which, the opposite party sent  reply dated:14.03.2009.   The opposite party has not come forward to settle the issue which caused great mental agony.  Hence the complaint is filed.

2.     The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The opposite party states that the complainant has not impleaded the manufacturer in this case.  The opposite party has nothing to do with the manufacturer without impleading the manufacturer, this compliant is unsustainable.   Further the opposite party states that within a single wash, the dress material become useless is utter false.    Further the opposite party states that a small piece of paper without any seal and signature was issued to the complainant after receiving the dress material and original bill is absolutely false.   The opposite party states that for the legal notice of the complainant dated:07.02.2009, the opposite party had sent a reply dated:14.03.2009 and the same was served on 16.03.2009.  The opposite party states that there was no negligence or deficiency in service on their part and they had not caused any mental agony, torture or loss to the complainant.   Therefore, the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party filed and document Ex.B1 is filed and marked on the side of the opposite party.

4.     The points for consideration is:-

1. Whether the complainant entitled to get refund of Rs.900/- as prayed for?
2. Whether the complainant entitled to a sum of Rs.85,000/- towards compensation for mental agony with cost of Rs.10,000/-  as prayed for?

5.     On point:-

Both parties has not filed any written arguments and has not turned up to advance any oral arguments also.  Perused the records namely, the complaint, written version, proof affidavits, documents etc.   The complainant pleaded and contended in the complaint and proof affidavit that on 26.10.2008, he purchased T-shirts, Tops, Trousers, Jeans and Tracks from the opposite party shop for a sum of Rs.2,650/-.   On the same day, he purchased chudithar material worth Rs.900/- vide bill No.3781 as per Ex.A1 from the opposite party is admitted.  The complainant further pleaded and contended that the quality of chudithar material is very bad when the same was used by his wife as a gift.   The red colour of the collar and neck design had spreaded over and lost its originality.  Ex.A2 is the photos proves such low quality of the chudithar.  Immediately, the complainant rushed to the opposite party shop, the sales girls informed the complainant that the opposite party is not in station.  On 22.12.2008, the complainant met the opposite party and explained the defects in the cloth.  The opposite party collected the defective dress material and the payment receipt acknowledging the same in a small piece of paper without mentioning the dress code or signature etc stating that it will be sent to Bombay factory and directed to come back after 10 days.  The act of the opposite party in issuing slip without any signature and other details after receiving the original bill and dress amounts to deficiency service.  The opposite party has not responded properly also.  The opposite party has not taken any suitable steps for changing the dress material or payment of cost etc.  Hence the complainant was constrained to issue legal notice as per Ex.A3 for which, the opposite party sent  reply as per Ex.B1.   Since the opposite party has not come forward to settle the issue, the complainant was constrained to file the case claiming compensation of Rs.85,000/- and to refund the cost of the chudithar material.

6.     The contention of the opposite party is that the complainant has not impleaded the manufacturer in this case.  The opposite party has nothing to do with the manufacturer without impleading the manufacturer this compliant is unsustainable.  But on a careful perusal of entire records including sale receipt the opposite party has not disclosed anything about the details of the manufacturer.  Even after legal notice, the opposite party suppressed the details of manufacturer.  It is the duty of the opposite party to give full details regarding the manufacturer.  Further the contention of the opposite party is that within a single wash, the dress material become useless is utter false.  But on a careful per of Ex.A2, photo it is very clear that the dress material is of poor quality resulting the spreading of colours so that the dress cannot be used.  Further the contention of the opposite party is that a small piece of paper without any seal and signature was issued to the complainant after receiving the dress material and original bill is absolutely false.  But it is not denied that the opposite party has taken back the original bill and dress material and directed the complainant to come after 10 days.  The opposite party also has not settled the issue till date.  Considering the facts and circumstances of the case  this Forum is of the considered view that the opposite party shall refund a sum of Rs.900/- towards the cost of the dress material and pay a compensation of Rs.10,000/- with cost of Rs.5,000/-  to the complainant.

  In the result, this complaint is allowed in part.  The opposite party is directed to refund a sum of Rs.900/- (Rupees Nine hundred only) towards the cost of dress material within one month from the date of receipt of this order to the complainant and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 24^th day of July 2018. 

 

MEMBER –I                                                                      PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	26.10.2008	Copy of the purchase bill issued by the opposite party
Ex.A2		Copy of the photographs of dress material
Ex.A3	07.02.2009	Copy of legal notice issued by the complainant to the opposite party
Ex.A4		Copy of acknowledgement card

 

OPPOSITE  PARTY SIDE DOCUMENTS:  

Ex.B1

14.03.2009

Copy of reply by the opposite party to the complainant

 

 

MEMBER –I                                                                      PRESIDENT