DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Friday 24th day of November 2023
CC.108/2022
Complainant
K.L. Jyothi,
Krishnakripa,
Nellikkode Post,
Kozhikode -673016.
(By Adv. Smt. Dilna. D.B)
Opposite Parties
- Sakkeena,
Proprietor, Stitching Heaven,
Ladies Tailoring shop,
1st floor, Koyenco bazar,
Kozhikode -673001.
- Reenu.P,
D/o Sakkeena,
Stitching Heaven,
Ladies Tailoring shop,
1st floor, Koyenco bazar,
Kozhikode -673001.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 6/03/2022 the complainant purchased a churidar material paying Rs. 7,995/- from the Reliance Dress Materials, Grand Bazar, Kozhikode. On 25/03/2022, the churidar material along with lining costing Rs. 120/- was entrusted to the opposite parties for stitching. Another churidar for taking measurement was also handed over to the opposite parties. It was assured that the stitched churidar would be delivered at 4 PM on 26/03/2022. The stitching charge was Rs. 450/-.
- On 26/03/2022 at about 5.30 PM she reported in the shop of the opposite parties for collecting the stitched churidar. But the stitching was not completed by then. She had to wait till 6.30 PM for getting the same. But on verification the stitching was found improper. Though it was brought to the notice of the opposite parties, they replied that nothing could be done. Moreover, Rs. 500/- was extracted from her towards stitching charge instead of Rs. 450/-. After reaching home, she found that the measurement was not correct and the stitching was defective.
- The churidar could not be worn for the marriage reception for which it was intended. On 30/03/2022 she again approached the opposite parties and asked them to stitch the churidar as per the measurement. But they were not ready and stated that nothing could be done. The behaviour and attitude of the opposite parties were not good. There was gross deficiency in service on the part of the opposite parties. Hence the complaint claiming the price of the churidar and the stitching charges along with compensation of Rs. 15,000/- for the metal agony and inconvenience suffered.
- The opposite parties are set ex-parte.
- The points that arise for determination in this complaint are;
(1). Whether there was any deficiency of service on the part of the opposite parties, as alleged?
(2). Reliefs and costs
- PW1 was examined and Exts A1 to A3 were marked on the side of the complainant.
- Heard.
- Point No. 1:- The complainant, who was examined as PW1, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the tax invoice dated 6/03/2022 for having purchased the churidar bit, Ext A2 is the copy of the bill issued by the opposite parties and Ext A3 is the screen short of Google pay transaction.
- The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The complainant’s case stands proved through the testimony of PW1 and Exts A1 to A3. The complainant is entitled to get the price of the churidar material and the stitching charges collected by the opposite parties. Undoubtedly, the act of the opposite parties has resulted in mental agony and hardship to the complainant, for which, she is entitled to be compensated adequately. Considering the entire facts and circumstances we are of the view that a sum of Rs. 2,500/- will be reasonable compensation in this regard. The opposite parties are jointly and severally liable.
- Point No. 2 :- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC.108/2022 is allowed in part.
b) The opposite parties are hereby directed to pay the complainant a sum of Rs. 7,995/- (Rupees seven thousand nine hundred and ninety five only) being the price of the churidar bit.
c) The opposite parties are directed to refund Rs. 500/- (Rupees five hundred only) collected from the complainant as stitching charges.
d) The opposite parties are directed to pay sum of Rs. 2500/- (Rupees two thousand five hundred only) as compensation to the complainant for the mental agony and hardship suffered.
d) The order shall be complied with within 30 days of the receipt of the copy of this order.
e) No order as to costs.
Pronounced in open Commission on this, the 24th day of November, 2023.
Date of Filing: 26/04/2022
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Copy of the tax invoice dated 6/03/2022 for having purchased the churidar bit.
Ext. A2 – Copy of the bill issued by the opposite parties
Ext. A3 – Screen short of Google pay transaction.
Exhibits for the Opposite Party
Nil
Witnesses for the Complainant
PW1 - K.L. Jyothi (Complainant)
Witnesses for the opposite parties
Nil
Sd/- Sd/- Sd/-
PRESIDENT MEMBER MEMBER
True Copy,
Sd/-
Assistant Registrar
