CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 12th day of May 2014
CC.29/2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 24/02/2014
: SMT. SHINY.P.R ,MEMBER
: SMT. SUMA K.P, MEMBER
Uma W/o. M.R. K. Nair,
36/601,” Sushama Cottage”,
Aalangodu P.O, Olavakkode,
Palakkad – 678 002. : Complainant
(By Adv.K. Dhananjayan)
Vs
Noushad,
Proprietor Orchid,
An Exclusive Fancy Show Room,
Orchid Corner, 1st Floor,
Joby’s Mall, G.B. Road,
Palakkad – 678 001. : Opposite party
O R D E R
By Smt. Shiny . P. R. Member.
Brief facts of complaint:- The complainant had purchased a pair of anklet for Rs. 390/-(Rupees Three Hundred and ninety only) from opposite party on 28/08/2013 in order to give a presentation to her daughter who is now settled at USA. The opposite party had told that the anklet is made of white metal and is embedded and embellished with ornamental stones and they will give guarantee for the product for six months. If any defects like de-coloration, peeling and falling of ornamental stones occurred within 6 months of purchase and assured that they will replace the anklet. When the complainant asked about the manufacturer and the certificate of guarantee issued by the manufacturer, the opposite party told that they were regularly and been selling the item, which are manufactured by well experienced craftsman from Bombay and North India and is brought to here and so far there is no any complaints from any consumers as so far reported. The opposite party had given such an assurance about the quality of the anklet. If no such assurance was given by the opposite party regarding the quality of the anklet, the complainant would not have purchased it. The opposite party had thus then issued the bill for it and also given his visiting card stating that , if any defect or problem occurred, then the complainant shall come to the shop and he will replace it. The complainant was using the product with all due care and attention. But within one month of its purchase itself, the anklet began to fade its bright white colour and getting darkened. The embedded ornamental stones began to fall, and within one month itself the anklet had lost its beauty and shape. Further the hook of the anklet was broken and was unable to wear and the purpose of purchase was lost. On 09/11/2013 as per the assurance given by the opposite party, complainant went to the shop of the opposite party and requested him either to repair it or to give a new one of the same description. At that time opposite party had been convinced about the truth and told that they will give a new piece of anklet on the next week. So the complainant entrusted the anklet in order to get a new one instead of the defective broken one . After one week complainant had gone again to opposite party‘s shop and asked for to give new one or for the return of the same after curing the defects. The opposite party then, told the complainant that they will only cure the defect of the anklet and will return it. The complainant was even ready to accept that and had told her to come on 09/01/2014. By believing the words of the opposite party again complainant went to opposite party’s shop to receive the repaired anklet on 09/01/2014. But at that time also the opposite party had abused her quite a lot with cheap filthy language and told her that this is not a place for repairs and intended for crawling by beggers like the complainant and had also asked her to forget the whole chapter. Though the complainant was requesting the opposite party atleast to give the anklet back by repairing it, the opposite party was not even willing for that. The complainant had been put to severe mental stress and intolerable trauma. All these incidents are a glaring example of deficiency in service and unfair trade practice. Hence the complaint.The complainant prays to get an amount of Rs. 51390/- (Rupees Fifty one thousand three hundred and ninety) for the cost and compensation.
Complaint was admitted and notice issued for appearance of opposite party. After receiving the notice, Opposite party did not appear before the forum. Hence they were set exparte.
The evidence adduced by the complainant consists of her chief affidavit, Ext. A1 and A2 documents.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite party?
2. If so, what is the relief and cost?
ISSUES 1 & 2
We have perused the documents on records. On 28/08/2013 the complainant had purchased a pair of anklet for Rs. 390/- ( Rupees Three Hundred and Ninety only) from opposite party to present her daughter who is settled at USA. At the time of purchase, opposite party gave assurance of guarantee of six months to the complainant. But within one month of its purchase, anklet began to fade its bright white colour and getting darkened. The embedded ornamental stones began to fall and its hook also broken. The complainant submitted that on 09/11/2013 complainant entrusted the anklet and bill with opposite party. Hence the complainant did not produced the bill. The complainant further submitted that at the time of entrustment of the anklet for repair the opposite party has collected the bill. But instead of giving receipt for this, they has issued another visiting card to the complaianat. Hence the bill and anklet could not be produced by the complainant. Endorsement on the back side of the Ext. A2 shows that on 09/11/2013 one pair of anklets are received for service from the complainant. Though the complainant requested the opposite party atleast to give the anklet back by repairing it, the opposite party was not even willing for that. Instead Opposite party mentally harassed the complainant. This act of the opposite party amounts to deficiency in service . It caused mental agony and loss to complainant. As the opposite party remained exparte, the evidence tendered by the complainant stands unchallenged.
In the view of the above discussions, we are of the opinion that there is deficiency in service from the part of opposite party. Hence we allow complaint partly. Opposite party is directed to pay the cost of anklet Rs. 390/- (Rupees Three Hundred and Ninety only) along with cost of Rs. 300/- (Rupees Three Hundred only) to the complainant within one month.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 12th day of May 2014
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma K.P
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Original Visiting card dated 28/08/2013
Ext.A2 - Original Visiting card dated 09/11/2013
Exhibits marked on the side of the opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs. 300/- (Rupees Three Hundred only) allowed as cost of the proceeding.
