Sri.K.Gopalan,President<br /> <br /> This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite party to pay a sum of Rs.1545/- with interest @ 12% and cost.<br /> The complainant’s case in brief is as follows:<br /> The complainant purchased a churidar material from the opposite party on 2.7.06 on payment of Rs.445/-. At the time of purchase the opposite party assured the complainant that the Churidar material was good in quality and its colour will never be faded. Complainant’s daughter used the churidar once only and washed it. But it was seen that the colour of the churidar was almost faded in the 1st wash itself. Now it looks very old in appearance due to the fading of the colour. Complainant approached the opposite party on 18.7.06 for replacing the churidar or to refund the price. The salesman asked the complainant to come after two weeks. After two weeks complainant approached the opposite party, but the opposite party asked the complainant to come again after two weeks. When complainant approached him again on 17.8.2006 the opposite party behaved in a very irresponsible manner and told him that no dealer in this world would replace any churidar material if it is returned after stitching. The opposite party further told that the request would have been considered if the churidar was not stitched. Complainant returned back and sent lawyer notice to opposite party on 18.9.2006. But the same was returned ‘unclaimed’. Complainant suffered much difficulties, financial loss and mental agony. The opposite party is liable to refund Rs.445/- as the price of the churidar material, Rs.100/- stitching charge and also liable to pay Rs.1000/- as compensation for the sufferings of the complainant.<br /> Notice was sent to the opposite party returned ‘unclaimed’. On this sufficient service opposite party called absent and set exparte..<br /> The main point to be considered is whether there is any deficiency in service on the part of the opposite party and whether the complainant is entitled for the relief as prayed in the complaint.<br /> <br /> The evidence consists of the affidavit filed by the complainant in lieu of oral evidence and Ext.A1 to A4 marked on the side of the complainant.<br /> Ext.A1 receipt proves the case of the complainant that he has purchased Churidar material by paying Rs.445/- as price from opposite party on 2.7.06. Ext.A2 is the receipt of Rs.100/- issued for the stitching charge of Churidar. The complainant has stated in his chief affidavit that the colour of the churidar faded by the 1st washing itself. In the ordinary course no consumer will complaint with the material he bought if free from defect. Churidar is not meant for only one day use. There is no need to return the churidar immediately after the 1st wash if there is no complaint since it is bought for use. When the complainant approached the opposite party the salesman in the shop asked him to come after two weeks. When he met opposite party on his 2nd visit he was asked to come again after 2 weeks. It is on his third visit opposite party rejected the request of the complainant to return the churidiar. That shows opposite party is not straight forward. When complainant sent lawyer notice it was returned ‘unclaimed’. Opposite party had purposefully being avoiding the lawyer notice. The notice sent by the Forum already returned ‘unclaimed’. This also stands as a clear evidence to show that the opposite party is not straight forward. Churidar was produced before the Forum. On perusal it could be seen that the colour has been faded on wash. Since it is seen colour faded it can be very well assumed that the churidar is not fitted for regular use. They can only be utilized for the use within the house only. The purpose of purchase of churidar on such a cost is mainly meant for wearing outdoor purpose. The purpose for which it is bought is not satisfied since the colour of the material has been faded. Hence we are of the opinion that there is deficiency on the part of the opposite party. We are also of opinion that the opposite party is liable to return the price of the Churidar material Rs.445/- .We are under the impression that it is meaningless to direct to return the stitched faded churidar. It can be used to certain extent at least within the house. if it is allowed to whom for it is bought. Hence the complainant is allowed to take the churidar instead of getting compensation and cost. We are not allowing compensation and cost since the complainant is allowed to take and use the churidar.<br /> <br /> In the result the complaint is allowed partly directing the opposite party to pay Rs.445/- to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party under the provisions of the Consumer Protection Act.<br /> Sd/- Sd/- Sd/-<br /> President Member Member<br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Bill dt.2.7.06 issued by OP<br /> A2.Receipt issued by Style stitch dt.10.7.06.<br /> A3.Copy of the lawyer notice issued to OP<br /> A4.Unclaimed lawyer notice.<br /> Exhibits for the opposite party: Nil<br /> Witness examined for either side: Nil<br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum,Kannur<br />