Date of filing : 05-01-2012
Date of order : 24 -08-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.7/2012
Dated this, the 24th day of August 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Girish Babu.Y, } Complainant
R/at Vinod Nivas,
Anangoor, Kasaragod.
(Adv. T.V.Sathyendran, Kasaragod)
Proprietor, Nokio Bagas, } Opposite parties
Municipal Bus Stand,
(New Bus Stand Shopping complex,)
Kasaragod.
(In person)
O R D E R
SMT.K.G.BEENA, MEMBER
Bereft of unnecesaries the case of the complainant Sri.Girish Babu is that he purchased a bag from opposite party’s shop paying `450/- on 10-11-2011. On the very next day when the complainant was preparing for his travel the zip of the above said bag was not working properly. He took the bag and bill to the opposite party’s shop, the staff attached to opposite party’s shop informed that they will either repair or replace it. The next day the bag was returned stating that it was repaired. But when the complainant took the bag it has the same defect. Once again the complainant went to opposite party’s shop asking to replace the bag or return the money, then the attitude of opposite party was very bad, he thrown the bill to the dustbin and threatened the complainant. That caused mental agony to the complainant.
2. Opposite party filed version stating that all the allegations raised by the complainant are baseless. According to opposite party one Sunday, a person approached them for repairing his bag. Then they told him to come next day with bill as it was a Sunday, he agreed and went. Thereafter he did not approach them.
3. Complainant filed chief affidavit in support of his case. Complainant produced the defective bag purchased from opposite party and marked as MO-1. Both sides heard. In the version opposite party states that one day a person went to his shop for repairing his bag. As it was a Sunday, he told him to come next day. But he did not come subsequently. He added that it is not correct to say that his staff insulted him, or behaved indecently. This can be treated as an indirect admission. (A person who is working at Mangalore, filing a complaint against opposite party implies that there may be genuine reason behind the complaint). Opposite party in his version admits that there are 4 other bag shops near by his shop. Yet the complainant filed this complainant against opposite party only because the complainant purchased bag from opposite party’s shop. He might have again approached opposite party for repairing the Zip. The complainant produced the bag before the Forum. The allegation of the complainant that the Zip of the bag is not working properly is correct when we examined the bag. Opposite party is bound to provide after sale service. But once a monetary benefit is received from the sale of a commodity, the traders are reluctant about further services. Most of them are even not ready to hear the complaints of the customers patiently. The attitude of opposite party caused mental agony and monetary loss to the complainant.
Hence the complaint is allowed and opposite party is directed to return the price of bag `450/- to the complainant within 30 days from the date of receipt of this order with a cost of `1000/-. Opposite party can take back the MO-1 bag from the Forum producing the evidence for the payment of the above sum.
MEMBER MEMBER PRESIDENT
MO-1. Bag.
MEMBER MEMBER PRESIDENT
Pj/
