Smt. Sheela Jacob (Member): 

                   The complainant has filed this complaint against the opposite party for getting a relief from the Forum. 

                   2. The complainant’s case is that he had purchased 3 churidars from the shop of the opposite party on 11/02/2017.  Before using the churidar it was washed.  While washing one among the churidar’s colour spreaded and the same became useless.  The price of that churidar was Rs. 999/-. The complainant went to the opposite party’s shop and complained about the damage of churidar.  The complainant demanded them to return the price paid or replace the same.  But the manager and the staff told him that it is not possible because the price tag with bar code was not seen in the churidar.  The material was of inferior quality and not fit for wearing.  The opposite party refused to do so.  The above said act of the opposite party is a clear deficiency in service, which caused mental agony and financial loss and the opposite party is liable to the complainant for the same.  Hence this complaint for an order directing the opposite party to return its price Rs.999/- with 12% interest along with compensation of Rs.5,000/- and cost of this proceedings.

3. In this case, though the opposite party entered appearance he has not filed his version in spite of so many chances given to him by this Forum.  Hence he was declared as exparte.

4. On the basis of the pleading of the complainant the only point to be considered is whether this complaint can be allowed or not.

5. The evidence of this complaint consist of the oral testimony of PW1 and Ext. A1 & MO1.  After the closure of evidence the complaint was heard.

6. The Point:-  The complainant’s case is that he had purchased 3 churidars from the opposite party’s shop for an amount of Rs. 2,569/-.  But one of them became damaged and he approached the opposite party for redressing his grievance.  But he did not turn up.  The above said act of the opposite party is a clear deficiency in service which caused mental agony & financial loss to the complainant.  Therefore, the complainant prays for allowing the complaint. 
7. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and produced one document and the churidar which are marked as Ext. A1 & MO1 respectively.  Ext. A1 is the cash bill dated: 11/02/2017 for Rs. 2,569/- issued by the opposite party in respect of the sale of churidars and MO1 is the churidar in respect of this case. 
8. On the basis of the available materials on record, it is seen that the complainant had purchased churidars for Rs. 2,569/- from the opposite party on 11/02/2017.  The complainant’s case is that one of the churidar’s (MO1) colour spreaded and it was become useless.  The price of the (MO1) churidar is Rs. 999/-. He suffered much mental agony and pain.  It is evident that MO1 churidar has suffering manufacturing defect and the opposite party is bound to replace the same.  His evidence would show that there is clear deficiency in service on the part of the opposite party since they did not replace MO1 churidar.  PW1 had suffered a lot of mental agony for the same. 
9. Since the opposite party is expate and there is no reason to disbelieve the allegation of the complainant.  Hence the complainant’s case stands proved as unchallenged.  Therefore we find that the above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same.  Hence we find that the complaint is allowable against the opposite party.  In the particular context of the case, now there is no meaning in directing the opposite party to replace the churidar with a new one because no confidence can be placed on the opposite party from their conduct.  So we decided to direct the opposite party to refund the price of the chridar Rs.999/- to the complainant and take back MO1 churidar.

10. In the result, we pass the following orders.

1. The opposite party is directed to refund the cost of churidhar Rs. 999/- (Rupees Nine Hundred and Ninety Nine Only) to the complainant within 15 days of receipt of this order and this complainant is also directed to return the faded churidhar to the opposite party.
2. A compensation of Rs. 3,000/- (Rupees Three Thousand only) and a cost of Rs. 2,000/- (Rupees Two Thousand only) is also allowed to the complainant from the opposite party.
3. If the opposite party fails to comply the above order within 15 days of the receipt of this order the opposite party is liable to pay an interest of 10% for the above amounts from the date of order itself.         

       Declared in the Open Forum on this the 31^st day July 2017.                                                                                                                    

                                                                                                 (Sd/-)

                                                                                        Sheela Jacob,

                                                                                           (Member)

Sri. P. Satheesh Chandran Nair (President)  :   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  John.O.G

Exhibits marked on the side of the complainant:

A1 :  The purchase bill dated: 11/02/201

MO1: The Churidar.

Witness examined on the side of the opposite party:  Nil.

Exhibits marked on the side of the opposite party:  Nil.

                                                                                                  (By Order)

Copy to :- (1) John.O.G,

                     Peace Cottage,

                     Ayiroor Kuzhiyil, Prakkanam.

      (2)  Olivia Shop, Branch Pathanamthitta,

                     College Junction, Pathanamthitta.

                (3) The Stock File.