By. Smt. Renimol Mathew, Member:
Brief of the Complaint:- On 15.10.2012 the complainant bought a churidhar material worth Rs.1,965/- from the opposite party's shop at Kalpetta. The complainant used this churidhar, and next day she washed it. Unfortunately the colour of the churidhar faded after washing. She informed this to the opposite party on 29.10.2012 but opposite party behaved in a rude manner. He was not ready to take back the churidhar or return the price. This is deficiency in service on the part of the opposite party. The complainant prays for an Order to return the price of the churidhar with Rs.600/- as cost and Rs.700/- as compensation.
2. Notice served to opposite party on 07.11.2012. Opposite party appeared before this Forum and Vakalath filed on 14.11.2012.. Sufficient time is granted to file version but opposite party is not filed his version. Hence on 26.06.2012 the opposite party is set ex-parte and proceed with the case.
3. On considering the complaint the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite Party?
2. Relief and Cost.
4. Point No.1 : To prove complainant's case she filed chief affidavit and complainant is examined as PW1. Ext.A1 and MO 1 were marked. Ext.A1 is the bill including barcode of Megha Lifestyle, Kalpetta. MO 1 is the stitched churidhar. On examination it is found that M.O's colour was faded and it looks like an old one. We also noticed bar code bill affixed on the churidhar. From the bar code bill it is clear that this M.O is purchased form opposite party's shop Even though opposite party filed vakalath he did not filed his version. More over he never raised any contention against complainant's case during the pendency of this case. From this circumstances it is clear that opposite party ignored complainant's request as well as this case pending before this Forum. On considering the price of a churidhar material, Rs.1,965/- is not a small amount. If opposite party have any objection or explanation in this matter he might have raise that before this Forum. He had given sufficient opportunities to defend his case but opposite party never take a single step to consider this matter. So we are in the opinion that there is deficiency in service on the part of the opposite party. Point No.1 is found accordingly.
5. Point No.2:- The complainant is entitled to get back the price of the churidhar material that is Rs.1,965/- . So opposite party is directed to pay the complainant Rs.1,965/- that is the cost of the churidhar material. The complainant is also entitled to get Rs.500/- as cost and compensation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed. The opposite party is directed to pay an amount of Rs.1,965/- (Rupees One Thousand Nine Hundred and Sixty Five) Only towards the price of the churidhar material and also directed to pay Rs.500/- (Rupees Five Hundred) Only as cost and compensation to the complainant. The complainant is directed to return MO-1 to opposite party. This Order is to be complied by the opposite party within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the 30th day of April 2013.
Date of Filing:30.10.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Fousiya. M. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Barcode Bill.
MO 1. Churidhar.
Exhibits for the Opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
