IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 14th day of December 2009 CC.273/2008 T.Shyamkumar, Thrippadhkkara House, Kunhimangalam.P.O, Complainant Kannur. Proprietor, K.M.H.Gents & Kids wear Opposite party Main Road, Payyannur O R D E R Sri.K.Gopalan, President This is a complaint filed under section 12 of consumer protection act for an order directing the opposite party to pay the price of the pant and Rs.10, 000/- as compensation with the cost of the proceedings. The case of the complainant in brief is as follows: complainant purchased pant and a shirt from the shop of the opposite party on 20.10.2008 for a price of Rs.449/- and Rs.399/- respectively. He purchased this dress for participation in a marriage ceremony. It was seen damaged by its first use itself on the marriage day. The complainant was get insulted in front of friends and relatives. Thereafter the complainant approached the opposite party and opposite party promised to replace the pant telling him to come on 6.11.08. But when he approached the opposite arty on 6.11.09 he started abusing him with filthy words and told him in front of public to file case. Hence this complaint. Pursuant to the notice opposite party entered appearance and filed version contending as follows: Opposite party is a seller of ready made dresses prepared from various famous companies and he has been maintaining good reputation throughout. It is true that the complaint purchased the above mentioned dress but thee is no substance in saying that when he came to the shop on 6.11.08 he was told to file case etc. There was no such incident and it is utter falsehood. He has stated so only to mislead the Fora. The complainant came to the shop without taking the bill and abused the opposite party without any control in front of other consumers and threatened the opposite party unnecessarily. Complainant is not entitled for any amount. Opposite party could have been get the amount returned from the company on sending the materials with the bill. Opposite party is ready even now to replace the material incase the complainant produce the bill. Hence to dismiss the complaint. Complaint was then posted for evidence and thereafter for settlement. Since matter was not settled then again posted for evidence. Subsenquently complainant and opposite party became absent inconsequence which the complaint happened to be dismissed. Complainant thereafter filed restoration petition. Notice was sent to opposite party and acknowledgement received. But opposite party remained absent. Restoration petition allowed and complaint restored. Since opposite party remained absent opposite party was declared exparte and the matter was posted for evidence. After the three postings exparte evidence was taken. Complainant filed affidavit in lieu of chief examination and Ext.A1 marked. The main question to be decided is whether there is any deficiency on the part of opposite party or not? If so what is the quantum? Admittedly complaint has purchased one pant and one shirt from the opposite party on 20.10.08. The only grievance that the opposite party raised is that complainant has not produced the bill before him. Opposite party has categorically admitted that even now he is ready to replace the pant in case the bill is produced. Complainant filed affidavit in lieu of chief examination in tune with his pleadings. He has given evidence that the pant was damaged and the same was revealed on the first use itself on the occasion of marriage function. Ext.A1 bill proves that complainant purchased the pant and shirt for price of 848 out of which Rs.449/- is the price for the pant. Since the pant seen damaged on the use of first day itself there is no hesitation to hold that there is deficiency in-service on the part of opposite party. It is a fact that the opposite party was ready to replace the pant from the very outset which he has made clear in his version. Taking into consideration this positive approach of the opposite party we are of opinion that a total amount of Rs.750/- will meet the ends of justice. Hence it is ordered accordingly. In the result, the complaint is allowed directing the opposite party to pay a sum of Rs.750/-(Rupees Seven hundred and fifty only) to complainant within one month from the date of receipt of this order, failing which the complainant is entitled to execute the order as per the provisions of consumer protection ac t. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Cash bill issued by OP Exhibits for the opposite party: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
