DOF.20.4.2010 DOO.2.9.2010 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 2nd day of September 2010 C.C.No.85/2010 K.Sreeja, Valiyavalappil House, Kallayi, Anjarakandi Post. Complainant 1.Manger, Angel Paradise Beauty Parlour, & Tailoring, Near Thattarippalm, Kannur Road, Anjarakandi. 2.Lekha, Employee Angel Paradise Beauty Parlour, & Tailoring, Near Thattarippalm, Kannur Road, Anjarakandi Opposite parties O R D E R Smt.M.D.Jessy, Member This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite parties to pay an amount of Rs.10,000/-. The case of the complainant in brief is as follows: On January 2010 complainant purchased two churidar set and 3 sarees and it was given to 1st opposite party for stitching on 2.2.10. 1st opposite party’s institutions is named as“Paradise Beauty Parlour and Tailoring” centre Near Thattaripalam. For stitching the dress complainant had given one churidar for measurement. After few days complainant received the material which is not proper. 2nd opposite party name called Lekha, who was the agent through complainant had given the material to the opposite party for stitching. So complainant approached Lekha and demanded the dress to stitch correct and proper. Then 2nd opposite party behaved very rudely to the complainant. Afterwards complainant again given the dress for correction but she received the stitched dress not proper for use. So complainant demanded the cost of the stitching charge Rs.410/- but opposite party has not paid the charge. Complaint was ready to return the Churidar to opposite parties but they were not ready to take back the dress. Complainant approached opposite parties for solving the problem but 2nd opposite party told the complaint that she is not responsible for the same. 1st opposite parties not solved the defective stitching. This caused deficiency in service on the part of opposite parties. So complaint filed. After receiving the complaint, Forum sent notices. Opposite parties not appeared and filed their version. Subsequently they were called absent and set exparte. On the above pleadings the following issues were raised for consideration. 1. Whether there is any deficiency in service on the part of the opposite parties? 2. Whether the complainant is entitled for remedy as prayed in the complaint? 3. Relief and cost. The evidence consists of chief affidavit of the complainant and Ext.A1 marked. Issue No. 1 The fact that complainant purchased two Churidar set and 3 sarees on January 2010. It was given to opposite parties for stitching on 2.2.10. For stitching the material complaint has also given one churidar for measurement. After few days complainant received the material which was not proper for use. The complaint paid Rs.1600/- for 3 sarees and two churidiar set. For stitching all items Rs.410 spent by the complainant. But complaint has not produced any bill showing the purchase value of the article. More over the article is also not seen produced before the court. Complainant has not stated anything about the sarry so we can presume that sarry has returned to the complainant. Moreover mere fixing of fall to the sarry will not make the sarry on wearable. Sarry can be used by removing the fall if fixing the fall faulty. Complaint could not produce the stitched churidar before the court so we can presume complaint is using the same. Since the other side had not appeared and not filed their version so that it can be very well assumed that the stitching is bad and improper. Hence it is found that there is deficiency of service on the part of opposite party. Issue No.2 Complainant alleges that 3 sarees and two churidar material entrusted to the opposite parties for stitching the same and fixing fall to the sarry. Complainant alleges that the work was done by the opposite party is not proper and she cannot wear the same. For stitching the material complainant paid Rs.410/-. Ext.A1 is the document which showed the same. Hence complainant is entitled to get Rs.410/- which she had paid to the opposite party for availing the service. This issue is answered accordingly. Issue No.3 Since the finding issue Nos. 1 and 2 answered infavour of the complainant, complainant is entitled to get Rs.410/- which she had paid to the opposite party for stitching the material and Rs.250/- for compensation and mental agony. In the result, complaint is allowed directing the opposite parties to pay Rs.410/-(Rupees Four hundred and ten only) together with compensation of Rs.250/- (Rupees Two hundred and fifty only) to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite parties under the provisions of consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Receipt issued by OP Exhibits for the opposite party: Nil Witness examined for either side; Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur. APPENDIX Exhibits for the complainant A1. & A2Receipt issued by OP Exhibits for the opposite parties: Nil Witness examined for the complainant PW1.complainant Witness examined for opposite parties: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
| | [HONORABLE PREETHAKUMARI.K.P] Member[HONORABLE MR. GOPALAN.K] PRESIDENT[HONORABLE JESSY.M.D] Member | | 
