BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 03/08/2012
Date of Order : 29/09/2012
Present :-
Shri. A. Rajesh, President.
Smt. C.K. Lekhamma, Member.
C.C. No. 474/2012
Between
C.K. Babu, | :: | Complainant |
Cherupurath (H), Kothamangalam. P.O. |
| (By Adv. Tom Joseph, Court Road, Muvattupuzha – 686 661) |
And
The Proprietor, M /s. Olive Ladies Collections, | :: | Opposite Party |
A.M. Road, Kothamangalam – 686 691. |
| (Ex-parte) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
The complainant purchased apparels from the opposite party on 21-07-2012 at a total price of Rs. 3,470/-. One of the items that is a silk churidar worth Rs. 2,400/- became defective, on the next day of purchase due to colour loss. The complainant immediately informed the matter to the opposite party, but the opposite party refused to replace the same. The complainant is entitled to get refund of the price of the churidar with 12% interest together with costs of the proceedings. This complaint hence.
2. The opposite party accepted the notice of this complaint and opted to remain absent during the proceedings for their own reasons. Proof affidavit has been filed by the complainant and Ext. A1 was marked. Heard the counsel for the complainant.
3. The only question that comes up for consideration is whether the complainant is entitled to get refund of the price of the churidar with interest together with costs of the proceedings?
4. Ext. A1 retail invoice cash dated 21-07-2012 goes to show that the complainant purchased a ready silk churidar from the opposite party at a price of Rs. 2,400/-. According to the complainant, since the churidar set was not usable immediately on purchase, he approached the opposite party to get the same replaced to which the opposite party did not respond to. Nothing is forthcoming on the part of the opposite party to controvert the contentions of the complainant. The averments of the complainant inspires the confidence of this Forum and we have no hesitaiton to hold that he is entitled to get refund of the price of the churidar with 12% interest p.a. for wanton reciprocation on the part of the opposite party. It is to be noted that the opposite party had not cared to redress the genuine grievance of a consumer, which calls for costs of the proceedings squarely. We fix it at Rs. 1,000/-.
5. In the result, we partly allow the complaint and direct as follows :-
The opposite party shall refund Rs. 2,400/- being the price of the churidar together with interest at the rate of 12% p.a. from the date of complaint till realisation. The complainant is directed to return the defective garment to the opposite party simultaneously.
The opposite party shall pay Rs. 1,000/- to the complainant towards costs of the proceedings.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 29th day of September 2012.
Sd/- A. Rajesh, President.
Sd/- C.K. Lekhamma, Member.
Forwarded/By order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the retail invoice cash dt. 21-07-2012 |
Opposite party's Exhibits :: Nil
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