IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of June, 2016
Filed on 04.03.2016
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
3. Smt.Jasmine.D. (Member)
in
C.C.No.71/2016
between
Complainant:- Opposite Party:-
Smt. Raji The Proprietor
W/o Adv. T.M. Subhash Alummoottil Wedding Centre
Neeladri, Karuvatta North P.O. Opposite KSRTC Bus Stand
Haripad, Alappuzha Kayamkulam – 690 502
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant is an Assistant Section Officer at Secretariate, Thiruvananthapuram and her husband is a leading Advocate at Ernakulam and Alappuzha. The opposite party is the proprietor of wedding centre at Kayamkulam. On 24.01.2016 at about 11 a.m. the complainant along with her husband and child visited the shop of the opposite party and purchased a fancy foot wear for their child by paying Rs.650/- while they were going to attend a marriage ceremony of their relative at Nirmalyam Auditorium at Mavelikara. The daughter of the complainant wore the foot from the shop itself and continued their travel. The marriage was at 12.30 p.m. During the way itself the fancy item attached to the strap of the sandal separated without any just cause and became bad to use further. On that time itself the daughter insisted to replace it. But the complainant was not in a position to return to the shop as she has to attend the ceremony in time. Thereafter while returning to home she again visited the shop and demanded to replace the foot wear. But the opposite party was not ready to replace it. He was ready to return Rs.400/- as cost of the foot wear instead of Rs.650/- and behaved indecently. The above act of the opposite party caused serious mental agony, hardship and inconvenience to the complainant. The above act of the opposite party is a deficiency in service and unfair trade practice. The complainant had caused to issue a lawyer notice to the opposite party on 29.1.2016 demanding compensation and cost of the foot wear. But even though the notice was received by the opposite party he did not respond to it, hence the complaint is filed.
2. Notice issued to the opposite party was served. On the first posting date of the case the opposite party appeared before the Forum and submitted that they are willing to refund the amount of Rs.650/-. Thereafter they did not turn up. Hence the opposite party was declared as set ex-parte.
3. The complainant filed proof affidavit. The documents produced were marked as Exts.A1 to A3.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to get relief and cost?
5. According to the complainant the foot wear sold to the complainant has manufacturing defect. The footwear in dispute is produced before the Forum and it is marked MO1. The original bill of the foot wear is marked as Ext.A1. It shows that complainant paid Rs.650/- towards the price of the foot wear. The affidavit filed by the complainant remains unchallenged. According to the complainant, while they demanded to replace the foot wear the opposite party was not ready to replace it. Instead of that they are ready to return Rs.400/- as costs of the footwear. But before the Forum they admitted to refund Rs.650/- towards the price of the foot wear to the complainant. Thereafter they did not turn up. The failure on the part of the opposite party in replacing the footwear or refunding the price of the footwear to the complainant amounts to deficiency in service. According to the complainant the act of the opposite party caused serious mental agony, hardships and inconveniences to her. Complainant claimed Rs.25,000/- towards mental agony caused to her. Considering the facts and circumstances of the case, we are of considered opinion that Rs.1500/- will be adequate to compensate the complainant.
In the result, complaint is allowed. The opposite party is directed to pay an amount of Rs.650/- (Rupees six hundred and fifty only) the price of the footwear to the complainant. The opposite party is further directed to pay Rs.1,500/- (Rupees one thousand and five hundred only) towards compensation and Rs.1,000/- (Rupees one thousand only) towards costs of the proceedings to the complainant. The opposite party can take back the footwear from the Forum. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and
pronounced in open Forum on this the 30th day of June, 2016.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original bill
Ext.A2 - Legal notice
Ext.A3 - Acknowledgement card
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
