PRESENT:      Complainant in person.

OP exparte.

                              ---

PER LAKSHMAN SHARMA, PRESIDENT

          Sh.Jasbir Kaur has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed  to pay Rs.900/- as price of the suit along with Rs.20,000/- as compensation for mental agony and harassment.

2.        In brief, the case of the complainant is that  she purchased a suit from the Exhibition held in the Kalagram for Rs.900/-. According to the complainant, she handed over the said piece of cloth to OP for stitching. She gave complete instructions to OP regarding the design of the suit. However, OP did not stitch the same in accordance with the instructions given by her and the design of the suit was not of her liking. Thus OP has spoiled the piece of cloth given by her which amounts to deficiency in service.

          In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        OP was duly served through courier. But neither the OP appeared in person nor any authorized person appeared on his behalf. Therefore, he was ordered to be proceeded against exparte vide order dated 11.01.2010.

4.        We have heard the complainant in person and have gone through the entire record including documents, annexures, affidavits etc. 

5.        From the affidavit filed by the complainant, it is apparent that the complainant purchased a piece of cloth for Rs.900/-. The complainant handed over the said piece of cloth to OP for stitching a suit. The complainant also explained to OP about the design and instructed him to stitch the suit as per the design mentioned by her. However, OP stitched the suit with some other design which is not of her liking. Stitching of suit against the instructions of design given by the complainant, amounts to deficiency in service. So the complainant is entitled to refund of the price of the suit i.e .Rs.900/-.  In addition to this, the complainant is also entitled to compensation of Rs.2000/- for mental agony and harassment.

6.        In view of the above findings, this complaint is allowed with a direction to OP to refund the price of the suit of Rs.900/- along with Rs.2000/- as compensation for mental agony and harassment. OP is also directed to pay Rs.2000/- as costs of litigation.  7.         This order be complied with by OP within one month from the date of receipt of its certified copy, failing which the OP shall be liable to pay Rs.2900/- to the complainant along with penal interest @ 18p.a. from the date of filing of the complaint till its realization besides costs of litigation.

8.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

27.01.2010