DOF 12.10.2011
DOO.08.02.2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan: President
Smt.M.D.Jessy: Member
Dated this, the 8th day of February 2012
C.C.No.305/2011
T.P.Samsheer,
“Arfas”,
Kinavakkal,
P.O.Kottayam Malabar,
Kuthuparamba 670 643. Complainant
The Proprietor,
Soundarya Textiles & Readymades,
Harbour City,
Thalasery 670 101 Opposite party
(Rep. by Adv.V.R.Nasar)
O R D E R
Smt.M.D.Jessy, Member
This is a complaint filed under section 12 of the consumer protection Act for an order directing the opposite party to pay an amount of `26160.80.
The facts of the case are as follows: On 20.8.2011 complainant purchased two pant pieces from opposite party’s shop by paying `950 as per invoice No.11945. The item No.1 shown in the invoice was stitched and used by the complainant for a single day. But after washing the colour of the cloth was seen faded. It’s glazing was lost and patches appeared . Since it was found that the pant could not be used the complainant approached the shop of opposite party with a demand to exchange with another pant piece. The said request of the complainant was rejected by the opposite party stating that goods once sold cannot be exchanged. The said act of the opposite party caused much mental pain to the complainant. There after on 12.9.11 complainant sent notice to the opposite party claiming `1160.80 towards the cost of the damaged pant piece together with compensation. The opposite party received the notice on 13.9.11 but there was no further response from the opposite party. Hence the above complaint is filed for a direction to the opposite party to pay `1160.80 towards the cost of the damaged cloth and `25,000 as compensation for the mental agony suffered by the complainant.
On receiving the complaint notice was sent to opposite party. Opposite party appeared and filed vakkalath before the Forum. But subsequently they remained absent and hence the opposite party was called absent and set exparte.
The main points for consideration are as follows:
1. Whether there is any deficiency in service on the part of
opposite party as alleged?
2. Whether the complainant is entitled to get relief as prayed in the
complaint?
3. Relief and cost.
The evidence consists of chief affidavit of the complainant and A1 to A4 were marked on his side.
Points. 1 to 3
It is an undisputed case that the complainant purchased two pant pieces as per Ext.A1 invoice from the shop of opposite party on 20.8.11.Complainant alleges that the pant piece valuing `540 was used by him for a single day and when it was washed its colour was faded. Glazing of the pant was found lost and some white patches were seen appeared making the pant not fit to use. Hence the complainant approached the opposite party and intimated the situation and demanded for exchange of the damaged pant with a new one. The sales man of the opposite party refused to accept the said demand. This was caused much humiliation to the complainant. Hence the complainant sent a notice on 12.9.11 to the opposite party demanding to pay 540.80 being the cost of the pant piece together with stitching charge of `220 and `400 as traveling expense. Even though the opposite party receives the notice on the very next day he has not taken any favourable step to redress the grievance of the complainant. After appearance of the opposite party there was a talk for settlement. But there after the opposite party remained absent. Even though the complainant alleges that the cloth of the pant is faded and white patches were appeared making it not fit for use, the same was not seen produced. The careless attitude of the opposite party amounts to deficiency of service towards the complainant. The opposite party has the duty to see that the materials sold by them should have minimum quality compared to its price. Here for a single day’s use itself the cloth was damaged. Hence the demand of the complainant for changing the damaged pant with a new piece is genuine and reasonable. Hence we found that there is deficiency of service on the part of opposite party. Complainant is demanding `1160.80 towards the cost of the damaged pant and `25000 for the mental pain suffered by him for calculating `1160.80 no bill is seen produced for stitching charge and traveling expense. The claim of `25,000 as personal injury suffered by the complainant is also unfounded. Hence we found that complainant is entitled to recover `540 being the cost of the damaged pant piece and a minimum cost of stitching charge `150 together with `500 towards cost of the litigation. If the opposite party so demands the complainant shall handover the damaged article to the opposite party.
In the result, complaint is allowed directing the opposite party to pay an amount of `690 (Rupees Six Hundred and Ninety only) together with `500 (Rupees Five hundred only) towards litigation expense to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party as per the provisions of consumer protection Act.
Sd/- Sd/-
Member President
APPENDIX
Exhibits for the complainant
A1. Cash receipt issued by OP
A2.Copy of the registered letter sent to OP
A3 & A4. Postal receipt and AD
Exhibits for the opposite party: Nil
Witness examined for either side: Nil
/forwarded by order/
Senior Superintendent
Consumer Disputes Redressal Forum, Kannur
