DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 26th day of December 2019
Present: Smt.Shiny.P.R, President
: Sri.V.P.Anantha Narayanan, Member
: Smt.Vidya.A, Member Date of Filing: 30/09/2019
CC No.233/2019
Shanmughan.R,
S/o.Late Ramachandran,
8/117, Vadakkathra, - Complainant
Chittur Post, Palakkad - 678 101.
(By Party in Person only)
V/s
The Manager,
TRMZ, Sheza Retail,
No.41/165, G.B.Road, -Opposite party
(By Party in Person only)
O R D E R
By Smt.Vidya.A, Member
Brief facts of complaint are:
The complainant bought two Shirts from the opposite party’s shop on 09-09-2019. When he came back home and checked, it was noticed that one of the Shirts costing Rs.299/- has some colour fade on its hands, shoulders and pockets. He couldn’t find it out when he was in the shop because of the light there. So on 14-09-2019 he went back to the opposite party’s shop and returned the shirt and the bill and requested him to replace it. However the opposite party did not accept his request stating that he should have checked the shirt before purchasing. The complainant went to the opposite party’s shop again on 23-03-2019, but they were not ready to replace the shirt by a new one. Hence this complaint was filed in order to get an order directing the opposite party to replace the shirt and to pay an amount of Rs.1,000/- as compensation for the time loss and other inconvenience suffered by him.
Complaint admitted and notice was issued to the opposite party for appearance. The opposite party did not appear in spite of accepting notice from the Forum. Hence the opposite party was called absent and set ex-parte.
From the side of the complainant, chief affidavit filed. Ext.A1 series were marked and the shirt was marked as MO1.
The main issues raised in this case for consideration are.
- Whether there is any deficiency of service on the part of the opposite party.
- If so, what is the relief as to cost/Compensation?
Issues 1&2
Heard.
We have perused the affidavit, documents and MO produced from the side of the complainant. From Ext.A1 series, the purchase bill dated 09-09-2019, it is clear that the complainant had purchased shirt from opposite party’s shop.
From the examination of the shirt which was produced by the complainant and marked as MO1, it is evident that there is some colour fade in certain parts of the shirt which makes it unusable. The issue was noticed by the complainant on the date of purchase itself and the shirt was returned to the opposite party immediately.
From the above, it is clear that there is an unfair trade practice on the side of the opposite party in selling goods which do not have the required quality and the denial on the part of the opposite party to replace the shirt amounts to deficiency in service on their part. The opposite party is duty bound to replace the defective item.
The complainant had spent some considerable time and efforts to get the issue resolved. It is because of the unfair trade practice followed by the opposite party and their deficiency in service.
In the result complaint allowed.
We order the opposite party to replace the shirt with a new one of the same price as per the complainant’s choice and direct the opposite party to pay a sum of Rs.500/- (Rupees Five hundred only) as compensation to the complainant.
The complainant is directed to return the defective shirt to the opposite party.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 26th day of December 2019.
Sd/-
Shiny.P.R
President
Sd/-
V.P.Anantha Narayanan
Member
Sd/-
Vidya.A
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1(a) & (b) - Bill issued by the opposite party to the complainant dated 25.10.17.
MO1 – Shirt
Exhibits marked on the side of Opposite parties
NIL
Witness examined on the side of complainant
NIL
Witness examined on the side of opposite parties
NIL
Cost : NIL
