CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.

Present

Sri. Santhosh Kesavanath P. President

Sri. K.N. Radhakrishnan, Member

                                            

CC No.144/11

                                                             Friday the 28^th day of October, 2011

 

Petitioner                                                  : Sajulal

                                                                  Vazhathottam veedu

                                                                   Sachivothamapuram,

                                                                   Kurichy PO, Changanchery

 

                                                             Vs.

Opposite party                                         : Proprietor,

                                                                  Monson Garments,

                                                                  Near SB College, MC Road,

                                                                  Changnachery.

                                                                  (Adv. P. Anilkumar)

 

 

 

 

            The case of the complainant presented on 09/06/11 is as follows.

            On 8-5-11 petitioner entrusted a cloth to opposite party for stitching a shirts to wear on the occaion of marriage of his brother. Opposite party offered to deliver the shirt after stitching on 16/5/11 and the opposite party has issued the order form stating all the details. But opposite party did not deliver the shirt to the complainant after stitching. The act of the opposite party amounts to deficiency of service and unfair trade practice. Moreover the opposite party behaved against petitioner and his wife in an indescent manner and using obscene words. Then the complainant filed a criminal case against the opposite party before the magistrate court at Changanachery. The shirt which was purchased by petitioner’s brother as gift for his marriage. Hence the complainant sustained huge mental shock and insult before the relatives and public people. Hence this complaint.

            The notice was served with the opposite party. Once the opposite party was present before this forum and wants time for filing his version. Thereafter he did not turned up. Hence the opposite party set-expartee.

            The complainant filed proof affidavit and documents which are marked as Exts.A1 to A3.

            Heard complainant. We have gone through the complaint, documents and evidence. The case of the complainant is that the opposite party has not returned the shirt after stitching as assured. According to him the shirt was given by his brother to him as marriage gift.

            The case of the complainant was unchallenged by the opposite party. Hence we have no reasons to dis-belive the case of the complainant. So we are of the opinion that the case of the complainant is to be allowed.

            In the result the complaint is allowed as follows. (1) We direct the opposite party to pay Rs.750/- as costs of the shirt and pay Rs.1000/- as compensation for inconveniences and pay Rs.250/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order. The order not complied within one month from the amount will carry interest @ 10% per annum from the date of order till payment.

Sri. K.N. Radhakrishnan, Member                    Sd/-

Sri. Santhosh Kesavanath P. President Sd/-

 

Ext.A1-is the copy of marriage invitation letter

Ext.A2-is the copy of order form

Ext.A3-is the copy of CMP dtd 26/5/11

By Order,

Senior Superintendent.