IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Monday the 31^st day of October, 2011

Filed on 20.08.11

Present

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

in

C.C.No.286/11

between

Complainant:-                                                             Opposite Party:-

     Smt.Judy.K.X,                                                                          The Proprietor,

     D/o Xavier,                                                                               Cindrella Salwar Castle,

     Konnachamparambil,                                                           Jetty Road, Mullackal, 

     Kadakkarappally.P.O.,                                                           Alappuzha.                  

     Cherthala, Alappuzha.                                                          (By Adv.B.Sivadas)

O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The complainants’ case in a nutshell is as follows:- The complainant who is a physically challenged, on 12^th March 2011 purchased a ’Churidar’ for an amount of Rs.875/-(Rupees eight hundred and seventy five only) from the opposite party. The said outfit was for her sister which turned out to be not fitting for her structure. Resultantly, the complainant approached the opposite party with the earnest request either to replace the same or to get the same adjusted to suit the complainant’s need. The opposite party surprisingly refused the complainant’s request forthwith. As if the same was not enough, the opposite party unleashed intolerable harassment and humiliation upon the complainant. The complainant thereafter got the material garment modified and made use of the same. Strangely enough, the said clothing, on the first washing itself, the yarns of the same got untied and went woefully unusable. The complainant over again approached the opposite party and impressed upon him the said sad state of affairs. The complainant had to yet again face the same earlier humiliation in front of the staffs and customers in the shop. Till today, the opposite party is 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 crux of the contentions of the opposite party is that the opposite party never sold out any material of inferior quality nor did the complainant approach the opposite party with any grievance. According to the opposite party, the opposite party has been always committed to replace the articles sold out damage thereof arises if any. There is no deficiency on the part of the opposite party, and as such the complainant is disentitled to any relief. The complaint is only to be dismissed, the opposite party submits.

2. On the side of the complainant, a document Exbt. Al 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 up before us for consideration is:-

Whether the complainant is entitled to any relief?

4. It appears that the opposite party neither disputed nor admitted the purchase of the material clothing by the complainant. Seemingly, the opposite party has made an unsuccessful attempt hold on to somewhere in the middle. However, on the strength of Exbt A1 bill and an analysis of the facts and circumstances of the instant case it is markedly unfolded that the complainant has purchased the particular dress from the opposite party. The complainant specific case is that the material attire appeared absolutely inapt to her sister for whom the same was fondly purchased. She approached the opposite party to get the same replaced or get it adjusted to the desirable size. The request being refused the complainant somehow managed to modify the instant dress to suit her sister. Strangely still the said clothing on the first washing itself got torn and turned useless. The complainant over again approached the opposite party only to experience the previous predicament. Keeping in mind the complainant case, we meticulously perused the contentions of the opposite party. Apparently, the contentions of the opposite party look unspecific and inconsistent. It seems that the opposite party has resorted with ease to the method that of total denial which is unsupported either by logic or by any material. In the context of complainant’s specific case, and in the absence of any useful attempt on the part of the opposite party to refute the same, we have no course open but to accept the complainant case.

For the forgoing facts and circumstance of the case, the opposite party is directed refund to the complainant the cost of the material garment viz. Rs.875/-(Rupees eight hundred and seventy five only). The opposite party is further directed to pay the complainant an amount of Rs.5,000/-(Rupees five thousand only) as compensation and an amount of Rs.250/-(Rupees two hundred and fifty only) as cost. The opposite party shall comply with the order within 15 days of receipt of this order.

Complaint stands disposed accordingly.

Pronounced in open Forum on this the 31^st day of October, 2011.

                                                                                                                                Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi 

Appendix:-

Evidence of the complainant:- 

Ext. A1            -           Original Bill dated, 12.03.2011

Evidence of the opposite party:- Nil

// True Copy //

    By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- P.R/-   

Compared by:-