Smt. Sheela Jacob (Member): 

1. The complainant has filed this complaint against the opposite party for getting a relief from the Forum.

2.  The complainant’s case is that she had purchased a cotton saree with blouse worth Rs. 998/- from the shop of the opposite party on 30/01/2017.  The complainant wore the saree on 20/02/2017 and when the blouse washed the colour faded completely.  Then she washed the side of the saree it also faded.  On 24/02/2017 the complainant went to the opposite party’s shop and complained about the damage of saree and blouse.  The complainant demanded the price paid or to replace the saree.  But the Manager and Staff told her that it was not possible.  The opposite party refused to do so and ridiculed the complainant.  The above said act of the opposite party is a clear deficiency in service which caused mental agony and financial loss in which the opposite party is liable to the complainant.  Hence, this complaint for an order directing the opposite party to replace the defective saree with a new one or return of the price of the saree along with compensation and cost.

3.  This Forum entertained the complaint and issued notice to opposite party for appearance.  The opposite party is not appeared hence this Forum declared exparte against the opposite party on 28/06/2017.
4. On the basis of the allegation of the complainant, the points to be considered are:

 1. Whether the compliant can be allowable?

          2. Regarding relief and cost?

5. The evidence of this complaint consists of the proof affidavit of the complainant and Ext. A1 & MO1.  After the closure of evidence the complainant was heard.
6. The Point:-  The Complainant’s allegation is that she had purchased a saree with blouse from the opposite party’s shop.  But its colour faded and the complainant approached the opposite party for redressing her grievance.  But he did not turn up.  The above said act of the opposite party is a clear deficiency in service which caused mental agony and financial loss to the complainant.  Therefore, the complainant prays for allowing the complaint.

7. In order to prove the case of the complainant, the complainant had filed a proof affidavit in lieu of her chief examination along with one document and saree with blouse.  On the basis of the proof affidavit, she was examined as PW1 and the document is marked as Ext. A1.  Ext.A1 is the cash bill dated: 30/01/2017 for Rs. 998/- issued by the opposite party in respect of the sale of the saree and other item.  Apart from Ext. A1 the saree with blouse are also marked as MO1.

8. On the basis of the available materials on record, it is seen that the complainant had purchased a saree for Rs. 998/- from the opposite party on 30/01/2017.  It is marked as MO1.  The complainant’s case is that the colour of the saree and blouse were faded and it became useless.  She suffered much mental agony and pain.  Harassment from the Manager and Staff also caused mental agony and pain.  It is evident that MO1 saree has certain manufacturing defect and the opposite party is bound to replace the same.  Her evidence would shows that there is clear deficiency on the part of the opposite party which they did not replace MO1 saree with a new one.

9. Since the opposite party is exparte.  We find no reason to disbelieve the allegation of the complainant.  Hence the complainant’s case stands proved as unchallenged.  Therefore we find that the above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same.  Hence we find that the complaint is allowable against the opposite party.  In the circumstance of this case we feel that the opposite party is directed to refund the price of the saree with blouse Rs. 998/- and take back MO1 saree.  The complainant has been unnecessarily dragged to this Forum to get redressal of her genuine grievance and in the circumstance.  Point No. 1 and 2 are found in favour of the complainant.   
10. In the result, this petition is allowed.  The opposite party is directed to pay Rs. 998/- as per the Ext. A1 bill along with Rs. 3,500/-(Rupees Three Thousand Five Hundred Only) as compensation and Rs. 1,500/- (Rupees One Thousand and Five Hundred Only) as cost of this petition to the complainant with in 15 days of receipt of a copy of this order, failing which the complainant is allowed to realize the whole amount with 10% interest per annum from today till the realization of whole amount.

Declared in the Open Forum on this the 30^th day of June, 2017.                                                                                                                                                                                                          

                                                                                                           (Sd/-)                                                                                              

                                                                                       Sheela Jacob,

                                                                                           (Member)

Sri. P. Satheesh Chandran Nair (President)  :  (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Vijayalekshmi

Exhibits marked on the side of the complainant:

A1 : Retail Invoice Bill dated: 30/01/2017.

Witness examined on the side of the opposite parties:Nil

Exhibits marked on the side of the opposite parties:Nil

                                                                                                       (By Order)

Copy to :- (1)  Vijayamma. G,

                      Jewel House,

                      Pazhakulam East.P.O, Adoor.

                (2) The Manager,

                      S.M Silks & Sarees, Sarodhara Complex,

                     Aji Nagar, Adoor.

                (3) The Stock File.