By. Sri. Chandran Alachery, Member:
The complaint is filed Under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to give new clothing to the complainant instead of defective stitched cloth or to pay Rs.4,800/- being the value of cloth and Rs.1,500/- as stitching charge along with Rs.10,000/- as compensation and Rs.3,000/- as cost of the proceedings.
2. Brief of the complaint:- The complainant is a civil police officer and the complainant entrusted uniform kakki cloth material with the opposite party for stitching two uniforms. The complainant on 04.12.2013 gave advance stitching charges of Rs.1,500/- on the very same day. On 07.12.2013, the complainant went to the opposite party's shop for trial, the complainant found that the uniform is stitched with so many defects. The opposite party promised the complainant to replace the material and will stitch a new one since opposite party admitted the defects. But even after repeated demands the opposite party did not fulfill the promise. So there is deficiency of service from the part of opposite party and aggrieved by this, the complaint is preferred.
3. On receipt of this complaint, Notice was issued to opposite party and the Notice was served to opposite party on 04.07.2014. But opposite party did not appear before the Forum and the opposite party was set Ex-parte on 06.08.2014. Thereafter, the complainant filed proof affidavit.
4. On verifying the complaint, proof affidavit and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant is examined as PW1 and document is marked as Ext.A1. Ext.A1 is the Bill issued by the opposite party to the complainant on receipt of stitching charge. On 07.12.2013, when the complainant found that the uniform is stitched with full of defects, the complainant did not accept the uniform and demanded the opposite party to cure the defects. The opposite party did not cure the defects but promised to stitch another uniform with new material. But opposite party did not fulfill the promise. Even if notice served to opposite party to appear before the Forum, the opposite party did not appear. There is nothing to disbelieve the case of the complainant. Hence on analyzing the evidence, the Forum found that there is deficiency of service from the part of the opposite party. Since the relationship between the complainant and the opposite party became bad, stitching uniform by the opposite party with new material is not good. Giving back the cost of material and stitching charge will be just and proper in this case. The point No.1 is found accordingly.
6. Point No.2:- Since the Forum found that there is deficiency of service from part of opposite party, the complainant is entitled to get the cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.4,800/- (Rupees Four Thousand and Eight Hundred only) being the cost of uniform material and Rs.1,500/ -(Rupees One Thousand and Five Hundred only) as stitching charge to the complainant. The opposite party is also directed to pay Rs.1,000/- (Rupees One Thousand Only) as compensation and Rs.1,000/- (Rupees One Thousand only) as cost of the proceedings. The opposite party is directed to comply the Order within one month from the date of receipt of this Order failing which the complainant is entitled to get 12% interest for the whole amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 5th day of September 2014.
Date of Filing:27.06.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1(Affidavit). Sajan. P. G. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Invoice. Dt:04.12.2013.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
