D.O.F. 04.04.2012
D.O.O. 29.05.2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. K.P.Preethakumari : Member
Smt. M.D.Jessy : Member
Dated this the 29th day of May, 2012.
C.C.No.107/2012
Thanooja P.P.,
Kalariparmbath House,
Chalil Road, : Complainant
P.O. Templegate,
Thalassery
PIN : 670 102
(Rep. by Adv. A. Abdul Azeez)
The Proprietor,
Soundarya Textiles and Readymades,
Harbour City, : Opposite Party
Thalassery
PIN : 670 101
O R D E R
Smt. M.D. Jessy, Member
This is a complaint filed under Section 12 of Consumer Protection
Act for getting an order directing the opposite parties to pay an amount of ` 5000 as compensation for the dress material supplied to the complainant.
The averment of the complainant is as follows. On 06.09.2011 complainant purchased a midi top from the shop of opposite party by paying an amount of `730 and obtained receipt. After washing a number of holes were found in the midi top. The opposite party had given the complainant a damaged piece knowing that the cloth was damaged. On the very next day complainant approached opposite party and requested to take back the damaged midi top and to pay back price but opposite party refused to take back the dress and pay the price. On 27.09.11 complainant sent a registered notice to the opposite party demanding compensation. But opposite party did not respond to the legal notice. This caused deficiency in service on the part of opposite party. So complaint filed.
Forum sent notice to opposite party but opposite party not appeared and filed any version. Hence opposite party called absent and set exparte.
From the pleadings the following issues were framed for consideration.
1. Whether there is any deficiency of service of opposite party in replacing the dress material to the complainant?
2. If so the quantum of damage entitled by the complainant?
3. Relief and cost?
The evidence consists of the chief affidavit of PW1 and Ext.A1 to A3 were marked.
For the sake of convenience all the issues are considered together. The specific case of the complainant is that on 06.09.2011 she purchased a midi top from the shop of opposite party by paying an amount of `730. Ext.A1, the bill issued by opposite party to the complainant substantiate the above contention. Complainant alleges that when the midi top was washed a number of holes were formed in the midi top. When complainant found that the middi top sold by the opposite party to the complainant is a damaged one, she approached the shop of opposite party on the very next day and demanded to pay back the purchase price of the damaged middi top by taking back the same. But the opposite party refused to do so. The adamant attitude of the opposite party humiliated the complainant. Complainant issued Ext.A2 lawyer notice on 27.09.2011 to the opposite party directing to refund the value of the damaged dress material together with compensation of `5000. The said notice was received by the opposite party on 28.09.2011. But the opposite party neither complied the earnest demand of the complainant nor even sent a reply. Complainant alleges that the opposite party sold damaged dress material to the complainant to obtain gain illegally. The opposite party even refused to take back the damaged midi top and pay back the price. Hence complainant alleges that there is deficiency of service on the part of opposite party. Complainant demands an amount of `5000 as compensation. Even after receipt of notice from the Forum the opposite party did not take care to appear and to file version.
Ext.A1 conclusively proved that complainant purchased a midi top from the opposite party on 06.09.2011 by paying an amount of `730. The contention of the complainant that the dress material purchased by the complainant from the shop was a damaged one is not disputed. The complainant produced the midi top before the Forum and the same is found damaged. The opposite party was not even cared to respond the legal notice issued by the complainant. The opposite party has a bounden duty to rectify the defect of the material sold by him. The very silence on the part of the opposite party proved that there is deficiency of service towards the complainant. The opposite party is having bounden duty to hear the complaints of their customers. The opposite party should have atleast be ready to replace the damaged dress material to the complainant since it is found that the dress material purchased by the complainant from the opposite party is damaged with in a short span of time. The complainant is entitled to get refund the price of the damaged dress material. There is no reason to award excess compensation as prayed in the complaint. The complainant is entitled to get `250 as cost of the proceeding and the issues are answered accordingly.
In the result complaint is partly allowed directing the opposite party to pay `730 along with `250 as cost of the proceeding to the complainant with in one month from the receipt of copy of this order. Complainant is also directed to return the damaged midi top to the opposite party if opposite party demands for the same.
Dated this the 29th day of May 2012.
Sd/- Sd/-
President Member
APPENDIX
Exhibits for the Complainant
A1. Bill dated 06.09.2011.
A2. Lawyer notice.
A3. Acknowledgment card.
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1. Chief affidavit of Complainant
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
