BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.61/2017

DATED ON THIS THE 03^rd August  2018

Present:        1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT  

                     2) Sri. Devakumar.M.C.               

                                                B.E., LLB., PGDCLP   - MEMBER

Sri.H.M SHIVAKUMARASWAMY,

president

1. This complaint is filed for a direction to the opposite party to pay sum of Rs.29,730/- with interest at the rate of 18% p.a.  and cost.

2. The brief facts alleged in the complaint are that the complainant placed an order with the opposite party for stitching a suit, the order was for three piece suit for his marriage, accordingly the opposite party did not fixe the date for trail or the date of delivery of the stitched suit. On 29.11.16 trial was taken the later suit was delivered to the complainant which is un size, thereby the complainant purchased a new readymade suit , thereby there is deficiency in service on the part of opposite party, accordingly sought for relief , hence complaint is filed.

3. The opposite party appeared and filed the following version: It is admitted that the complainant placed an order with the opposite party for stitching a suit and also made few other purchase, it is false that the date of delivery was fixed on 26.11.2016 and the same was delivered on 29.11.2016 complainant has made trial of this suit, thereby there is no deficiency of service on the part of opposite party. Accordingly opposite party sought for dismissal of the complaint.

4. On the above contention, this maters is set down for evidence, during evidence, complainant has filed his affidavit evidence and further evidence closed, likewise the opposite party has filed affidavit evidence and further evidence closed, after hearing arguments this maters is set down for orders.

5. The points arose for our consideration are:

1. Whether the complainant establishes that there is deficiency of service on the part of opposite party in not properly stitching the suit, thereby the complainant is entitled for the reliefs sought?
2. What order?

6. Our findings on the aforesaid points are as follows:

                   Point no.1: Partly in the affirmative

                   Point No.2:As per final order, for the following

REASONS

7. Point No.1:- So for as transaction between parties there is no dispute. For the complainant’s marriage he has handed over cloth for three piece suit and also stitch other cloths and total amount collected by the opposite party, complainant paid a sum of Rs. 12,800/- to the opposite party on the same day, the remaining amount of Rs. 10,000/- to be paid at the time of delivery of the product. Further it is contended by the complainant that, the suit was delivered on 29.11.2016 and the marriage to be held on 06.12.2016, but to his surprise the suit was un size, as such forced to purchase a new readymade suit, thereby deficiency of service on the part of opposite party. Hence this complainant is filed.

8. Of course the opposite party has contended that as per measurement of complainant, suit was stitched but the complainant was not satisfied with the fitting of the suit. Thereby get the suit altered on 3-4 times, the opposite party properly not answered to his calls, thereby he was made to go the shop several occasion, caused mental agony thereby deficiency of service.

9. The counsel representing by complainant submitted that the opposite party in not stitch the suit properly. The complainant unable to wear the suit on the date of his marriage, even though he approached the opposite party, he has not respond the complainant and thereby deficiency of service. Opposite party advocate submits that opposite party is an expert in stitching the cloth thereby deficiency in service not established, but the complainant was forced to purchase new suit for his marriage. In the circumstances this Forum finds that the opposite party committed deficiency of service and thereby complainant is entitled for the cost of suit Rs. 18,525/- with interest from 29.11.2016 till payment. Opposite party is liable to pay compensation of Rs.10,000/- litigation expenses of Rs. 2,000/- Hence, point no.1 is answered partly  in the affirmative.

10. Point no.2:- In view of finding recorded on point on .1 opposite party is liable to pay the cost of suit of Rs. 18,525/- with interest at the rate of 18% p.a. from 29.11.2016 till payment and also opposite party is liable to pay compensation of Rs. 10,000/-,and litigation expenses of Rs. 2,000/-.  Hence we pass the following:

ORDER

1. The complaint is allowed in part.
2. The opposite party is hereby directed to pay the cost of suit i.e., Rs. 18,525/-with interest at the rate of 18% p.a., from 29.11.2016 till payment.
3. The opposite party is hereby directed to pay compensation of Rs. 10,000/- along with litigation expenses of Rs. 2,000/- to the complainant within 45 days from the date of this order, failing which the opposite party shall pay interest at 12% p.a., on the said total sum of Rs. 12,000/-from the date of this complaint I.e.,13.02.2017 till payment.
4. In case of default to comply this order the opposite party to undergo imprisonment and also liable for fine under section 27 of the CP Act 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 3^rd August 2018)

                                                   (H.M.SHIVAKUMARA SWAMY) 

                                                                 PRESIDENT     

                                                             (DEVAKUMAR.M.C.)

                                                                   MEMBER