THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.504/2012

Dated this the 7^th  day of February 2013.

 

            ( Present: Sri. G. Yadunadhan, B.A., LLB.                              : President)

                             Smt. Jayasree Kallat, M.A.                                        : Member

                             Sri. L. Jyothikumar, B.A., LLB.                                  : Member

 

 

 

ORDER

By Jayasree Kallat, Member.

 

            The petition was filed on17.11.2012. The petition is filed by Susmith.K alleging negligence and deficiency in service on the part of the opposite party. The complainant had purchased a readymade garment from M/s.Pine apple new trends for his daughter. The complainant had purchased a Midi earlier which was returned back to the shop and had purchased the dress which is marked as MO1 in this case. The dress was purchased on 28.10.2012. After two months when the dress was taken out to be worn by complainant’s daughter it was noticed that the red colour had spread over the white portion of the dress. As the new dress had become unfit for use due to the colour spread, the complainant approached the opposite party to get it replaced. The opposite party did not replace the dress even after repeated requests by the complainant. Hence complainant has filed this petition seeking relief.

 

            Notice was issued to the opposite party from the forum. The notice was returned back with endorsement’ Unclaimed’. Opposite party was called absent and set exparte. 

 

            The complainant was examined as PW1 and Exts.A1 the bill was marked on complainant’s side. Complainant had produced the spoiled dress which was marked as MO1. MO1 was identified and returned back to the complainant. A perusal of the MO1 dress shows that the dress has lost its charm as red colour has spread over the white portion of the dress. Complainant has deposed that dress has become unfit for use by his daughter. It is the case of the complainant that the opposite party did not respond to his request to get the spoiled dress replaced with a fresh piece. Complainant had spent 1490/- rupees. According to the complainant his daughter could not use the dress even for one day. The negligence and deficiency in service of the opposite party had caused mental agony to the complainant. Opposite party did not show the courtesy to appear before the forum and state their version. The attitude of the opposite party seems to be arrogant. The forum is of the opinion that the complainant is entitled for relief. 

 

 

 

           

 

In the result petition is allowed and opposite party is directed to refund the amount of Rs.1490/- the cost of the dress to the complainant along with a cost of Rs.250/- within one month of receiving the copy of the order. On receiving the amount complainant has to return the dress to opposite party.

 

Pronounced in the open court this the 7^th day of February 2013.

Date of filing:17.11.2012.

 

SD/-PRESIDENT                SD/- MEMBER            SD/-MEMBER

 

APPENDIX

 

 

Documents exhibited for the complainant:

A1.Cash bill for Rs.650/- dtd.27.08.12(Photocopy)

 

Documents exhibited for the opposite party:

Nil

 

Witness examined for the complainant:

PW1.Sumith(complainant)

 

Witness examined for the opposite party:

 None

                                                                                                                        Sd/-President

 

//True copy//

 

 

(Forwarded/By Order)

 

 

SDENIOR SUPERINTENDENT