By Sri. K. Gheevarghese, President:
The complaint filed against the Opposite Party not giving entire articles purchased being after payment of the bill amount.
2. The complaint in brief is as follows:- The Complainant purchased from the 1st Opposite Party's shop different items of clothing on payment of the bill amount. Whereas 4 handkerchief having cost of Rs.35/-, One mat of Rs.160/-, 2 handkerchief for which paid the cost of Rs.125/-, 4 'Lunky' having the price of Rs.480/- the purchased materials where packed and given to the Complainant. After reaching home on verification of items purchased it could see that the handkerchiefs and 'Lunkies' were not in the packet given to the Complainant. The Complainant informed the 1st Opposite Party on the very same day that the items purchased by the Complainant is not fully given. The 1st Opposite Party was not ready to pay back the clothings which were found to be missing in the packet. The contention of the 1st Opposite Party is that the claim of the Complainant that some of clothings purchased were not given is false. The items purchased by the Complainant were fully given in the packet issued to the Complainant.
3. There may be an order directing the Opposite Party to pay the Complainant 4 handkerchief of Rs.35/- and another 2 handkerchief of Rs.120/-, one mat of Rs.160/- and 4 meter 'Lunky' of Rs.120/- are to be given to the Complainant by the 1st Opposite Party along with cost and compensation of Rs.10,000/-.
4. The Opposite Parties filed version, In brief it is as follows:- The allegation of the Complainant that the items purchased by him from the 1st Opposite Party's office not delivered to him is denied by this Opposite Parties. The non delivery of the clothing items when informed to the 1st Opposite Party, the 1st Opposite Party badly treated and they were not ready to give back the missing items are absolutely false. The Complainant purchased different clothings from the 1st Opposite Party's shop and in presence of the Complainant, the purchased materials were packed and given to the Complainant. There is no deficiency in service on the part of the Opposite Parties the complaint is dismissed with cost to the Opposite Party.
5. Points that are to be considered:-
1. Is there any unfair trade practice on the part of Opposite Parties?
2. Relief and cost.
6. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and Opposite Party. Exts.A1 to A4 are the documents produced. The oral testimony of the Complainant and Opposite Party are also considered in this case.
7. Ext.A1 series are the bills in 3 numbers consists of the different items purchased from the shop of the Opposite Party. According to the Complainant 4 'Lunky' price of it is Rs.480/-, 2 handkerchief having price of Rs.160/- and another 4 handkerchief of Rs.120/- and one mat of Rs.120/- were not given to the Complainant though the amount was fully given. The Opposite Party on examination as OPW1 deposed that the Complainant purchased the clothing from the shop during the rebate in Onam season.
8. The Opposite Party evidenced that he was in the counter when the items were packed and given to the Complainant. It is further stated by this Opposite Party that usually the items purchased from the shop are given for cross check with the bill. The Ext.A1 series do not consist of the cross checking. The Complainant purchased different items of clothings paying Rs.5,572/- after lessing discount. According to the Complainant it was in Onam season and there was heavy rush in the shop. The Complainant was not given the handkerchief two Turkey Towel One door mat and two 'Lunky' and that is the reason for this dispute. On verification of the exhibits produced and from oral testimony of the Complainant and Opposite Party it is to be relied that the 1st Opposite Party had not given 4 handkerchief of Rs.35/- and 2 handkerchief of Rs.120/- 1 mat of Rs.160/- and 4 'Lunky' of Rs.120/-.
In the result, the complaint is partly allowed. The 1st Opposite Party is directed to give 4 handkerchief each worth Rs.35/- and 2 handkerchief of Rs.120/-, 1 mat of Rs.160/- and 4 'Lunky' each having the value of Rs.120/- to the Complainant. This is to be complied by the Opposite Party within one month from the date of receipt of this order no order as to cost and compensation.
Pronounced in open Forum on this the day of 30th April 2012.
Date of filing:08.11.2011.
PRESIDENT: Sd/-
MEMBER : Sd/-
/True Copy/ Sd/-
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainant:
PW1. Shameed. P. Complainant.
Witness for the Opposite Parties:
OPW1. Vasudevan. Manager incharge, Hanveev, Sulthan Bathery.
Exhibits for the Complainant:
A1 series (3 Nos) Bill.
A2. Letter. dt:16.09.2011.
A3. Letter. dt:04.10.2011.
A4. Letter. dt:15.10.2011.
Exhibits for the Opposite Parties:
Nil.
