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
Wednesday the 27th day of March 2024
CC.185/2022
Complainant
Amrutha. V.P, w/o Hareesh.K,
Thayyilthodi House,
Puthiyangadi Post,
Puthiyappa, Kozhikode – 673 021.
(By Adv. Sri. Shiga.N.P)
Opposite Party
Sangeeth Silks,
CSI Jubilee Ground,
Near Ashoka Hospital,
Opp. CHM Over bridge,
Bank road, Kozhikode – 673 001,
Represented by its Manager Sri. Arjun.
(By Adv. Sri. Sreenesh andAdv. Smt. Athira.K.K)
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 24/12/2021 the complainant purchased a readymade churidar set from the opposite party paying Rs. 2,500/-. But the churidar began to tear and became defective. When it was washed, it was completely torn and became unfit for wearing. On 7/4/2022, the complainant approached the opposite party with the churidar and its bill and price tag. The opposite party agreed to replace the same within 2 weeks. But there after nothing was done by the opposite party to redress the grievance of the complainant and he was postponing the matter under one pretext or other. On 08/07/2022 the complainant issued a lawyer notice to the opposite party, but it evoked no response. The complainant was put to mental agony and inconvenience, despite monetary loss due to the unfair trade practice and deficiency of service on the part of the opposite party.Hence the complaint to direct the opposite party either to replace the churidar set with a new one or to refund the price of Rs. 2,500/-.Compensation to the tune of Rs. 20,000/- is also claimed for the mental agony and hardship suffered.
- The notice issued from this Commission on 12/08/2022 was received by the opposite party on 17/08/2022. In pursuance of the notice, the opposite party entered appearance through counsel. But it was only on 29/10/2022 that written version was filed by the opposite party. IA 290/2022 filed by the opposite party to receive the written version was dismissed by this Commission as it was not filed within the time prescribed by the statute. The opposite party was set ex-parte.
- The points that arise for determination in this complaint are;
1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2) Reliefs and costs.
- The complainant was examined as PW1 and Exts A1 to A3 were marked.
- Heard.
- Point No 1: The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party as a defective churidar was sold to her and there was neglect on the part of the opposite party to replace the product with a new one, as promised.
- PW1, who is none other than the complainant, 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 lawyer notice dated 8/07/2022, Ext A2 is the postal receipt and Ext A3 is the postal acknowledgment card.
- The evidence of PW1 stands unchallenged. The opposite party has 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. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3.
- The act of the opposite party in selling a defective churidar set to the complainant and his further neglect to redress her grievance constitute unfair trade practice and deficiency of service. The complainant is entitled to get replacement of the defective churidar set with a new one, or in the alternative, refund of the purchase price of Rs. 2,500/-. Undoubtedly, the act of the opposite party has resulted in gross 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 complainant is also entitled to get a sum of Rs. 3,000/- as cost of the proceedings.
- Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC. 185/2022 is allowed in part.
b) The opposite party is hereby directed to replace the defective churidar with a new one of similar description which shall be free from any defect, or in the alternative, refund the purchase price of Rs. 2,500/- (Rupees two thousand five hundred only) to the complainant.
c) The opposite party is directed to pay a sum of Rs. 2,500/- (Rupees two thousand five hundred) as compensation to the complainant for the mental agony and inconvenience suffered.
c) The opposite party is directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant.
d) No order as to costs.
Pronounced in open Commission on this, the 27th day of March, 2024.
Date of Filing: 01/08/2022
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PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Copy of the lawyer notice dated 8/07/2022.
Ext A2 - Postal receipt.
Ext A3 - Postal acknowledgment card.
Exhibits for the Opposite Party
NIL.
Witnesses for the Complainant
PW1 - Amrutha. V.P (Complainant)
Witnesses for the opposite party
NIL
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PRESIDENT MEMBER MEMBER
True Copy,
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Assistant Registrar.
