IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

 Wednesday the 30^th day of November, 2016

Filed on 20.01.2016

Present

1. Sri. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine.D. (Member)

in

C.C.No. 19/2016

between

Complainant:-                                                  Opposite Party:-

Sri.P.F Joseph                                                 Sri. Nagaraj

Parapalliyil                                                      Flyboy Mens Wear                                                      Avalookkunnu.P.O                                         Oppo. Mullakkal Temple                 

Alappuzha                                                       Alappuzha

Pin. 688 006                                                    (Adv. Babu Joseph)      

O R D E R

SRI.ANTONY XAVIER (MEMBER)

The complainant’s case in a nutshell is as follows:-

The complainant on 14^th January 2015 purchased two shirts from the opposite party. The color of one of the material shirts faded at its very first washing.  The complainant caused his wife approached the opposite party shop with the disfigured shirt.  The opposite party impressed upon the complainant’s wife that the shirt has no guarantee, and as such it is unlikely that the same would be replaced.  The opposite party however told that he would contact the manufacturer, and the complainant would be duly intimated.  The complainant’s wife entrusted the shirt to the opposite party, and after a week when approached the opposite party refused to replace the spoiled dress citing the reason that the shirt holds no guarantee.  Over again on 23^rd December 2015, the complainant called on the opposite party.  The opposite party was not prepared to change his stand, and challenged the complainant to approach consumer court.  The complainant purchased the said that shirt for an amount of Rs. 600/- from the opposite party.  On the first time handling itself, the same turned junk.  The complainant sold out the said articles without proper bill.  The complainant and his wife had to face unmerited conduct from the part of the opposite party.  Both the complainant and his wife are educated and well-employed.  Both had to sustain mental as well as monetary injury at the hands of the complainant.  The complainant got aggrieved on this, approached this Forum for compensation and relief.

2.  Notice was served, and the opposite part turned up and filed version.  The contention of the opposite party is that the complainant purchased nothing from the opposite party.  As such there was not occasion for the complainant or his wife to visit his shop.  The shirt produced was purchased from somewhere else.  The complainant has distorted the real nature of the dispute with the complainant and the opposite party.  According to the opposite party during October 2015, the complainant parked his motor bike in front of the opposite party’s shop.  The complainant rejected the opposite party’s request to move aside the vehicle a little bit from the frontage of the shop resulted in wordy duel between the two which ultimately led to the complainant’s resentment and filing of the instant complaint,  against the opposite party.  The complaint is falsely fabricated, and the same is liable to be dismissed with cost to the opposite party, the opposite party fervently contends.

3.  The evidence of the complainant consists of the proof affidavit and the documents Ext.A1 and the article MO1 are marked. The opposite party filed proof affidavit, and not produced any document.

4.  Bearing in mind the contentions of the parties the issues that come up for consideration before us are:-

(a) Whether the complainant purchased shirt from the opposite party?

(b) Whether there is any deficiency on the part of the opposite party?

(c) Whether the complainant is entitled to any relief?

          5.  We went through the entire materials placed before us by the complainant and the opposite party.  The crux of the complainant’s case is that the complainant purchased some dresses from the opposite party.  Out of the same one shirt went damaged on its first usage and consequent washing.  The complainant and his wife on different occasions visited the opposite party, entrusted the material shirt seeking to replace the spoiled shirt.  The opposite party responded discouragingly on all occasions both to the complainant and to his wife. The opposite party made the complainant walk to and from for the same purpose over and over again.  However the opposite party’s contention is one of total denial.  According to the opposite party the complainant has not purchased anything from the opposite party.  As to the filing of the instant complaint, the opposite party has a different story to put forth.  During October 2015, the complainant was changed to park his bike in front of the opposite party shop.  The altercation ensured resulted in the complaint developing perused the complaint, version, proof affidavit and other materials placed on record by the parties.  On going through the same, it appears that the complainant and his wife are well-educated and well-placed.  In usual circumstance, complainant who is so well- placed as observed above cannot be expected to come before this Forum with such a fabricated story to take revenge on the opposite party.  However when the opposite party put up its version so forcefully and making the story appear having a sense, we are liable to look into the matter so carefully.   The complainant has produced Ext.A1 cash memo purportedly showing that the dress was purchased from the opposite party. It is true that the said bill carries nothing to show that the shirt was purchased from the opposite party.  At the same time,  it  is pertinent to note that the threshold of the complaint itself, the complainant has made references as to the opposite party’s manner of issuing imperfect bill.  On the other hand the opposite party save making contentions did not make it a point to establish the same by adducing in evidence.  Mere making contentions do not amount to proving a point.  As already observed though the opposite party’s story of vengeance makes sense to an extent, the same is absolutely incapable of inspiring confidence in the mind of this Forum.  That apart, the opposite party was glaringly hesitant to produce the bill book, the sale tax records etc, before this Forum.  Thus viewing from different perspective, it sounds that the case put forth by the complainant is more probable, and worthy of acceptance. It goes without saying that the opposite party’s service is deficient.

           In the result complaint allowed the opposite party is directed to pay an amount of Rs.600/- (Six Hundred only) the cost of the shirt to the complainant.  The opposite party is further directed to pay an amount of Rs.1000/-(Thousand only) as compensation to the complainant for the deficiency of service committed by them.  The opposite party shall comply with the order of this Forum within 30 days of receipt of this order.

            Pronounced in open Forum on this the 30^th day of  November, 2016.

                                                          Sd/- Sri. Antony Xavier (Member)

                                                          Sd/-Smt. Elizabeth George (President)

                                                          Sd/-Smt. Jasmine.D. (Member)

Appendix

 PW1           -        P.F. Jospeh

Ext A1        -        Cash memo

MO1           -        Shirt

Evidence of the opposite parties:- 

RW1 -        Pramod saadi (Witness)

                                                    // True Copy //

By Order,

                                                             Senior Superintendent.

To

           Complainant/Opposite Party/SF

Typed by:- Br/-        

Comprd by:-