IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday the 29^th day of July, 2011

Filed on 09.03.11

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.77/11

between

Complainant:-                                                             Opposite Party:-

     Sri.Nizam.P.M, S/o Muhammed,                                         The Proprietor,

     Velimparambil Veedu,                                                         Tex Park,

     Arattuvazhy-688 007,                                                          Mullackal.

     Alappuzha North.P.O., Alappuzha.                          (By Adv.C.Muraleedharan)

O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The complainants’ case in a nutshell is as follows. The complainant on 15^th February 2011 purchased black color trousers for his son for an amount of Rs.380/-(Rupees three hundred and eighty only) from the opposite party. The said outfits was for using as uniform for his engineering-student-son. On a meager day of use, the said trousers went worn out and useless. The complainant, the very next day approached the opposite party with the article. But the opposite party was absolutely reluctant to replace the same or refund the money. The complainant and his family sustained monetary as well as mental hardships. Got aggrieved on this the complainant approached this Forum for compensation and other relief.

1. On notice being sent up the opposite party turned up and filed version. The contention of the opposite party is that the said trouser was used for one week. According to the opposite party the said pants was torn consequent to the misuse of the same. Thereafter when the complainant approached the opposite party, he offered to replace the same. Notwithstanding the opposite party high-mindedness to replace the trousers, the complainant was not relented. The complainant straight away filed the complaint with a view to wangle illegitimate enrichment. The complaint is only to be dismissed, the opposite party alleges.

2. The complainant’s evidence consists of the testimony of the complainant as PW1, and the document Exbt. A1 was marked. Except filing version, the opposite party did not make it a point to adduce additional evidence.

3. Taking into account the contentions of the parties, the sole question that comes lip before us for consideration is:-

Whether the complainant is entitled to any relief?

4. Obviously, it appears that the purchase of the pants from the opposite party is not denied or disputed. The complainant specific case is that the trousers bought from the opposite party was torn on mere day's use. The very next day when the same was taken to the opposite party, the opposite party was hesitant to replace the pants or refund its cost. The opposite party submits that the pants was torn up only because of its misuse. According to the opposite party, the opposite party out of fairness was very much prepared to replace the damaged dress, but the complainant not yielding to the said offer came straight away to this Forum. We meticulously went through the materials placed on record by the parties. Concededly, the dress purchased from the opposite party was worn out within a few days. Despite the complainant being fervently cross examined, seemingly nothing has been brought out to fortify the opposite party's contention. In this backdrop, the contention of the opposite party that the complainant was unwilling to accept the opposite party's offer of replacement of the ragged trousers does not inspire confidence in the mind of this Forum. Needless to say the complainant’s case stands well established. We are of the opinion that the complainant is entitled to relief.

For the forgoing facts and circumstance of the case, the opposite party is directed refund to the complainant the cost of the pants viz. Rs.380/-(Rupees three hundred and eighty only). The opposite party is further directed to pay the complainant an amount of Rs.500/-(Rupees five hundred only) as compensation and an amount of Rs.250/-(Rupees two fifty only) as cost.

Complaint stands disposed accordingly.

Pronounced in open Forum on this the 29^th day of July, 2011.

                                                                                                Sri. Jimmy Korah

Sri. K. Anirudhan

Smt. N. Shajitha Beevi 

Appendix:-

Evidence of the complainant:- 

PW1         -    Nizam.P.M (Witness)

Ext. A1     -      The Original Bill from the opposite party for an amount of Rs.380/- dated,

15.02.2011 and copy of the Postal Order

 Evidence of the opposite party:- Nil

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- P.R/-       

Compared by:-