Tamil Nadu

South Chennai

CC/225/2019

Dr. Suganandan - Complainant(s)

Versus

New Ponni Textiles - Opp.Party(s)

Party in Person

16 May 2022

ORDER

Date of Complaint Filed : 13.08.2019                                                          

 Reservation                     : 10.05.2022

Date of Order               : 16.05.2022                                                            

 

                                              DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B JIJAA, M.L.,                                             : PRESIDENT

                      THIRU. T.R. SIVAKUMHAR, B.A., B.L.,            :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,     : MEMBER II

 

CONSUMER COMPLAINT No.225/2019

MONDAY, THE 16^th DAY OF MAY 2022

D.Suganandan,

MAAS Flats No.52-B,

Venkatesh Nagar Extn-1 First Street,

Virugambakkam,

Chennai – 600 092.                                                                                                                ... Complainant                               

 

..Versus..

The Proprietor,

New Ponni Textiles,

No.14, Dasarathapuram Main Road,

Dasarathapuram,

Chennai – 600 093.                                                                                                                  ...  Opposite Party

 

******

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Party       : Exparte

 

        On perusal of records and after having heard the oral arguments of the Complainant in person we delivered the following:

 

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to refund the excess amount of Rs.120/- and to pay a compensation of Rs.5000/- for the mental agony, stress created by the Opposite Party and to pay the cost of the proceedings.

2.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-4 were marked.    

3.     The Opposite Party did not file any Written Version on their behalf. Hence the Opposite Party was set exparte.

4.     The averments of Complaint in brief are as follows:-

        The Complainant had purchased ready-made garments for his grandson and granddaughter from the Opposite Party on 11.07.2019 for a sum of Rs.3390/- vide Bill No.30 dated 11.07.2019. The shirt offered by them was found to be small in size and wanted for a test check in the shop itself. But the Opposite Party informed the Complainant that there is no provision in his shop and wanted the Complainant to take the material and  check it in the house. The Opposite Party however assured that they will take back the material if not suitable and provide some other suitable material. In accordance with their assurances the Complainant took materials to house and checked. The shirt did not suit for his grandson the Complainant requested for an alternate material and size suitable to him. The Opposite Party provided alternate material suited. On calculating the earlier cost of the shirt and subsequent cost of the shirt an amount of Rs.120/- found to be in excess. Then the Complainant requested for the balance amount to be paid in cash. The Opposite Party failed to comply with the request. The Complainant had sent a notice to the Opposite Party detailing the circumstances and asked him to return the amount. But the Opposite Party failed to return the amount which caused mental agony. Therefore there is palpable deficiency in service attracting the provisions of the Consumer Protection Act. Hence the complaint.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

6.      Point No.1

        As per Ex.A1 the Complainant had purchased readymade garments from New Ponni Textiles, the Opposite Party on 11.07.2019 for a sum of Rs.3390/- Vide Bill No.30 dated 11.07.2019. The contention of the Complainant is that if the readymade garments was not suitable to his grandson the Opposite party assured for an alternate material and size suited for his grandson. As the readymade garment did not suit, the Opposite Party provided an alternate material suited to the grandson of the Complainant. However the difference amount of Rs.120/- which was given in excess was not repaid by the Opposite Party and the balance amount is  endorsed in Ex.A1 as balance cash available Rs.120/-.

        The Complainant had sent a notice dated 15.07.2019 to the Opposite Party as found in Ex.A2 demanding the balance amount of Rs.120/-  available with the Opposite Party. The said notice was received by the Opposite Party on 17.07.2019 as found in Ex.A3. In spite of receipt of the notice the Opposite Party failed to give any reply. The Opposite Party who had not provided trial room to check the size of the material purchased fit the customer, who had in turn, assured to take back the material if not fits, which resulted the Complainant to go all along  to his house and thereafter  to check the size, found to be unsuitable and visited again to the Opposite Party shop for exchange of a suitable shirt for his grandson and on exchange the difference of Rs.120/- is to be paid and which had not been paid in spite of receipt of the notice dated 15.07.2019 as found in Ex.A3 clearly amounts to deficiency in service. Accordingly, point No.1 is answered.

7.       Point No.2:-

We have discussed and decided that the Opposite Party has committed deficiency in service on his part. Therefore the Opposite Party is liable to refund a sum of Rs.120/- towards refund of the excess amount and to pay a compensation of Rs.3000/- for the mental agony and stress caused by the Opposite Party and to pay Rs.2000/- towards litigation expenses. Accordingly, point No.2 is answered.

8.     Point No.3 :-

As the reliefs sought for is granted, the Complainant is not entitled for any other reliefs.  Accordingly, point No.3 is answered.

      In the result this complaint is allowed. The Opposite Party is directed to refund a sum of Rs.120/- (Rupees one Hundred and Twenty Only) and to pay a compensation of Rs.3000/- (Rupees Three Thousand Only) for the mental agony and stress caused by the Opposite Party and Rs.2000/- (Rupees Two Thousand Only) towards litigation expenses. The above amounts shall be payable by the Opposite Party within 8 weeks from the date of this order, failing which, the Complainant is entitled to recover the same along with interest @ 6% p.a from the date of this order till realisation.

In the result this complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 16^th day of May 2022.  

 

 

S. NANDAGOPALAN                   T.R. SIVAKUMHAR                           B.JIJAA

         MEMBER II                                      MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	11.07.2019	Bill No.30 for Rs.3390/-
Ex.A2	15.07.2019	Letter sent to the Opposite Party through R.P.A.D
Ex.A3	17.07.2019	Postal Acknowledgement received
Ex.A4	11.07.2019	Faded Bill

 

List of documents filed on the side of the Opposite Party:-

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                             PRESIDENT