IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Friday the 31stday of March, 2023.
Filed on 27.02.2023
Present
- Sri.S.Santhosh Kumar BSc.,LL.B (President )
- Smt.P.RSholy, B.A.L, LLB (Member)
CC/No.58/2023
between
Complainant:- Opposite party:-
Smt.Saifunnisa Smt.Nooha Sajeev
KannimelKonil IHA Designs
Neerkunnam Near PitchuIyer Jn., Cullen Road
Vandanam P.O. Alappuzha-1
Alappuzha-5 (Exparte)
(Party in person)
O R D E R
SMT.P.R SHOLY (MEMBER)
This is a consumer complaint filed under Sec.35 of Consumer Protection Act,2019.
1. Material averments briefly discussed are as follows:-
Complainant had purchased a churidar materials from the opposite party for an amount of Rs. 3500/- on 4/2/2023 for the purpose of wearing in a marriage function scheduled to be solemnized on 26/2/2023. When the churidar material was taken on 24/2/2023 for stitching, it was found tweak the bottom of the set while it stitching due to its substandard quality. Shawl of the churidar material also found tweak on some parts. There after the complainant approached the General Manager of the shop and narrated the matter. It was replied by the said person that it happened only due to the material is good quality and also told that the said material is to be stitched by using pearls on the damaged site of the cloth. The opposite party was not willing to replace the damaged churidar material. More over the opposite party blamed the complainant in the midst of the staff of the opposite party. In the said circumstance the complainant filed this complaint for allowing the refund of the purchase price of the churidar materials from opposite party along with compensation of Rs. 5000/- to the complainant.
2. Notice issued along with copy of complaint to the opposite party returned with endorsement “RTS” (Returned to Sender). Hence proceeds with exparte.
3. Points for consideration are:-
1. Whether there is any deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled to refund the price of the churidar material?
3. Whether the complainant is entitled for compensation of Rs. 5000/- from opposite party?
4. Reliefs and Costs?
4. Point No. 1 to 3:-
Complainant’s case is that she had purchased a churidar material from opposite party on 4/2/2023 for an amount of Rs. 3500/- for using the same on the eve of a marriage ceremony scheduled to be solemnized on 26/2/2023. When the cloth was taken for stitching on 24/2/2023, it was not stitched perfectly due to the low quality of the material and it was pinched at the places of making the stitch. Further it was seen pinch the shawl of the churidar material also.
5. Though the complainant approached to the opposite party for replacing the said material, the opposite party informed that they would not replace or refund the material, but only to cure the damage by putting some kind of pearls or corals in the pinched site of the cloth for using. The opposite party also blamed the complainant in the midst of the staff of the opposite party. Hence alleging deficiency in service from the part of opposite party the complainant filed this complaint.
6. Opposite party did not accepted the notice and complaint in the case which returned with endorsement “RTS” Hence proceeded with exparte.
7. The complainant filed chief affidavit and produced one document and the disputed churidar material. The bill of the churidar material dated 2/4/2023 marked as Ext.A1 and the churidar material marked as MO1. On perusal of Ext.A1 it is realized that the complainant had purchased a churidar material for a price of Rs. 3500/- on 2/4/2023 from opposite party having bill no.24558. The price tag attached to the MO1 churidar material shown a price of Rs. 3500 for the said material which is the conclusive proof of the purchasing of the same. The churidar material marked as MO1 examined and found that the bottom part of the material finished its stitching, but the stitched parts are found pinch showing as defective in nature. Some parts in corner portions of the shawl was also damaged. Top of the material is not stitched . Through the unchallenged complaint, chief affidavit coupled with Ext.A1 and MO1 the complainant could have convinced the Commission regarding her grievance, so we are of the opinion that the opposite party is liable to compensate the complainant for the financial loss and mental agony. These points are answered accordingly.
8. Point No. 4:-
In the result complaint stands allowed in part.
a) Opposite party is directed to refund Rs. 3500/- to the complainant within one month of receipt of this order, failing which the said amount shall carry an interest @ 9% per annum from the date of order till realization. In that event the complainant should return the disputed churidar material to the opposite party
b) Complainant is entitled Rs. 1000/- as compensation from the opposite party
c) Complainant is entitled Rs. 500/- as cost of the proceedings.
d) MO1 shall be returned to the complainant.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 31stday of March, 2023.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Bill dtd.02.04.2023
MO1 - Churidar material
Evidence of the opposite parties: NIL
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Comp.by:
