IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 25th of February 2010 CC.275/2009 Dr.Sudhakaran Komath, Consultant Surgeon, Thalassery co.op.Hospital, Complainant Thalassery 1. Salim,Skyline Marketting Plot 30-105/70, Blue Building, Behind Pulapally Balalah Yadav, Opposite party Function Hall, Dwarakanagar,Old Safilguda, Malkajgiri,Hyderabad 62. O R D E R Sri.K.Gopalan,President This is a complaint filed under section 12 of consumer protection act for an order directing the opposite party to pay Rs.2200/-with 12%interest and Rs.10, 000/- as compenstion. The case of the complaint in brief is as follows: complainant had purchased 3 pants piece from the opposite party in his exhibition stall. As per opposite party’s instruction the complainant entrusted the pants for stitching to opposite party and he has collected Rs.2200/- from the complainant. Opposite party promised that the stitched pants will be reached to the complainant within two weeks. But it has not reached so far. Registered notice sent on 8.5.09 requesting to send the pants at the earliest. But opposite party did not respond. Opposite party will not accede without the intervention of the Forum. Hence this complaint. Notice was sent by Forum a d opposite party was properly served. Acknowledgement returned but opposite party did not enter appearance nor filed version .Subsequently he called absent and set exparte. Since the opposite party was declared exparte the matter was posted for evidences. Complainant filed proof affidavit and marked Exts.A1 to A7. The main point to be decided is whether there is any deficiency in service on the part of opposite party? Ext.A1 receipt dt.8.3.09 for Rs.2200/- proves that complainant purchased three pant piece for Rs.1500/- and paid Rs.700/- for stitching charge. Ext.A2 letter together with Ext.A3 receipt and A4 acknowledgement reveals that complainant sent registered letter on 8.5.09 to opposite party requesting him to send the stitched pants or to give money back. Ext.A5 is the lawyer notice sent by complainant through his advocate M.Jayakrishnan calling upon the opposite arty to send the stitched pants and to pay Rs.10, 000/- as compensation. A5 postal receipt and A7 acknowledgement proves that Ext.A5 lawyer notice was sent to opposite party. Complainant also filed proof affidavit in tune with his pleadings. The proof affidavit in lieu of chief examination and Ext.A1 to A7 proves the case of the complaint beyond doubt. Opposite party is bound to send the stitched pants to complainant as promised. Complainant sends two notices. But opposite party didn’t send reply. Ext.A5 lawyer notice explained the entire transaction. Opposite party is bound to reply Ext.A5. No reply of notices especially that of Ext.A5 itself is a deficiency in service on the part of opposite party. Complainant of course, suffered financial loss. The act of opposite party also causes mental agony to certain extend. Hence complainant is entitled to get back the stitched pants or its price bill amount. Complainant is also entitled for compensation and cost. We are of opinion that apart from getting back the pants complainant is entitled for a sum of Rs.1500/- as compensation and Rs.500/- as cost of these proceedings. Order passed accordingly. In the result the complaint is allowed directing the opposite party to pay Rs.2200/-(Rupees Two thousand Two hundred only) or to send back the stitched pants to complainant. Opposite party should also pay Rs.1500/-(Rupees One thousand Five hundred only) as compensation and Rs.500/- (Rupees Five hundred only) as cost of these proceedings. The order should be complied by the opposite party within one month from the date of receipt of this order failing which the complainant is at liberty to execute the order as per the provisions of consumer protection act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Cash memo issued by OP A2.copy of the letter sent to OP A3 & 4.Postlarecedipt and AD A5.Copy of the lawyer notice sent to OP A6 & 7.Postal receipt and AD Exhibits for the opposite party: Nil Witness examined for either side; Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Froum, Kannur
| | HONORABLE PREETHAKUMARI.K.P, Member | HONORABLE GOPALAN.K, PRESIDENT | HONORABLE JESSY.M.D, Member | | 
