DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 28^th day of April 2023

C.C.48/2023

Complainant

          P. Basheer,

          S/o. Athruman Kutty,

          Puthiyambra House,

          Unnikulam- P.O, Poonoor,

           Thamarassery, Kozhikode-673 574.

Opposite Party

           Proprietor,

           Thoufeeque Wedding Centre,

           Kumaraswami Road,

           Narikkuni – 673 585.

 ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

         This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

 On 10-11-2022 the complainant and his wife visited the shop of the opposite party and purchased a churidar bit paying Rs.940/-.  After stitching, the churidar was washed.  But there was colour bleeding and the dye spread over the churidar and thereby made it unsuitable for wearing.  On 25-11-2022 he went to the shop and complained to the person in the counter.  Then he was asked to come on the next day as the owner was not present at that time.  Accordingly, he went to the shop on the next day and being convinced about the loss of colour and its spreading, the churidar was taken back by the opposite party and assured to contact him after discussing with the company.  On 30-11-2022 the opposite party returned the churidar stating that replacement was not possible.  He was put to mental agony and monetary loss due to the unfair trade practice and deficiency of service on the part of the opposite party. He issued a letter to the opposite party on 01-12-2022.  But there was no response.  Hence the complaint for return of the price of the churidar bit along with Rs.450/- towards stitching charges and also compensation.  

3.   On receipt of notice, the opposite party initially appeared before this commission.  But subsequently the opposite party remained absent and did not file written version.  Hence the opposite party was set ex-parte.

4. The points that arise for determination in this complaint are :

1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

5. The complainant was examined as PW1 and Exts. A1 to A4 were marked. M.O1 was also marked.
6. Heard.
7. Point No.1 – The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that the opposite party sold low quality churidar bit to the complainant which on washing lost colour and there was spread of colour and thereby the churidar stitched became unfit for use and opposite party neglected to take any positive steps to redress his grievance. 
8.       PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the proof affidavit that there was colour bleeding for the cloth and the dye spread on the churidar making it unfit for use.  It is also averred that the opposite party did not take any steps to redress his grievance in spite of requests made in person and finally through notice.  Ext.A1 is the Invoice dated 10-11-2022, Ext.A2 is the copy of the letter dated 01-12-2022, Ext.A3 is the postal receipt and Ext. A4 is the postal acknowledgement card.  M.O1 is the churidar.
9.      The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts.A1 to A4 and M.O1. Unfair trade practice and deficiency of service on the part of the opposite party are established and proved. The complainant is entitled to get refund of the price of the churidar bit. The act of the opposite party has resulted in mental agony and inconvenience to the complainant. Besides, he had to pay the stitching charges. He is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that an amount of Rs.1,000/- will be reasonable compensation in this case.
10. Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1.  CC 48/2023 is allowed in part. 
2.  The opposite party is hereby directed to refund Rs.940/- (Rupees Nine Hundred and Forty only) to the complainant, being the price of the churidar bit.
3. The opposite party is directed to pay a sum of Rs.1,000/-(Rupees One thousand only) to the complainant as compensation.
4. The order shall be complied with within 30 days of the receipt of the copy of this order, failing which, Rs.940/- shall carry an interest of 6% per annum from the date of this order till actual payment.
5. No order as to costs. 

Pronounced in open Commission on this the 28^th day of April, 2023.

Date of Filing: 03/02/2023

                    Sd/-                                                                     Sd/-                                                          Sd/-

            PRESIDENT                                                          MEMBER                                            MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 - Invoice dated 10-11-2022.

Ext.A2 - Copy of the letter dated 01-12-2022.

Ext.A3 - Postal receipt.

Ext. A4 - Postal acknowledgement card. 

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 - P. Basheer.

Witnesses for the opposite parties 

Nil.

Material Object :

M.O1 - Churidar.

                  Sd/-                                                                      Sd/-                                                               Sd/-

            PRESIDENT                                                       MEMBER                                                    MEMBER

                                                                                                                        Forwarded/ By Order

    Sd/-                             

                                                                   Assistant Registrar.