O R D E R
Smt. ShajithaBeevi.N (Member I):
The complainant has filed this petition u/s.35 of the C.P. Act 2019for getting a relief from the opposite parties.
2. The complainant’s case as follows: -Shri. A.N. Prasannan has filed this above complaint against the Proprietor, Ragam Textiles, Central Junction, Thiruvalla.
This main allegation of the complaint is as follows:
3. On 20/11/2020 the complainant has purchased a churidar worth of Rs. 1,999/-. He has remitted the price of the churidar to the opposite party at the time of purchased. After that, at the time wearing the same it was not fit for his daughter. Immediately he has contacted to the opposite party and informed the matter and requested to refund the amount. But the opposite party has not turned up and informed the complainant another churidar is to be issued. But the complainant is not agreed with the demand by the opposite party. Hence this complaintfor proper remedy.
4. Notice was issued to the opposite party. But he has not turned up and filed any version for this issue.
5. Hence the commission raised the following issues for consideration.
1. Whether the allegations are treated to be genuine.
2. Whether the complainant is entitled to get the amount of the
churidar.
3. Whether the complainant is entitled to get compensation and
cost.
6. Issues 1 to 3:- The complainant has purchased the churidar for a sum of Rs. 1,999/- from the opposite party’s shop. After verification of the fitness of the same it was noticed that the set is not suitable for wearing. The complainant requested the opposite party to refund the same an intimated the opposite party to return the same. From the opposite party was not amenable and refused to return the amount. Even though he has accepted the notice of the commission he has not turned up to explain the matter. This shows that he has nothing to offer about this matter.
7. Hence we are of the view that the allegations raised by the complainant treated as genuine and the complaint is to be allowed as prayed for.
8. In this context we hereby direct the opposite party to refund the amount of Rs. 1,999/- (Rupees One Thousand Nine Hundred and Ninety Nine only) to the complainant after accepting the churidar from the complainant. Since there is deficiency of service and gross negligence of the opposite party he has to pay a sum of Rs. 2,000/- (Rupees Two Thousand only) for compensation to the complainant along with a cost of Rs. 1,000/- (Rupees One Thousand only) to the complainant. It is further ordered that the opposite party shall pay the said amounts to the complainant within two weeks from the date of this receipt of this order. In case there any default to pay the said amounts by the opposite party to the complainant. The complainant is free to proceed against the assets of the opposite party for realization of the amounts. Complaint allowed.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 31stday of March, 2021.
(Sd/-)
Smt. ShajithaBeevi. N
(Member I)
Sri. George Baby (President) : (Sd/-)
Sri.NishadThankappan (Member II) :(Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Prasannan.
Exhibits marked on the side of the complainant:
A1: Receipt of bill the dated: 20/11/2020.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) A.N. Presannan,
Iserrilveedu, Pezhumpara P.O,
Vadaserikkara.
(2)The Proprietor,
Ragam Textile, Central Junction,
M.C. Road, Thiruvalla.
(3) The Stock File.
