Before the District Forum: Kurnool
Present: Sri K.V.H. Prasad, B.A., LL.B., President
And
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Wednesday the 14th day of September , 2005
CC NO.136/2005
S.Sivarama Krishna Prasad, S/o S.Sankaraiah,
R/o 41-406E, Kotha Peta, Kurnool District.
. . . Complainant.
-Vs-
The Proprietor, Vastra,
Store No.8, Abdulah Khan Estate, Kurnool. . . . Opposite party
This complaint coming on 12.9.2005 for arguments in the presence Sri.M.Sreenivasa Reddy, Advocate, for complainant, and opposite party set exparte and stood over for consideration till this day the Forum made the following.
O R D E R
(As per Sri R.Ramachandra Reddy, Hon’ble Member)
CC.No.136/2005
1. This consumer dispute case of the complainant is field under section 12 of the C.P. Act, 1986, seeking a direction on the opposite party to direct the opposite party to replace the pant which is to equivalent to amount paid by him or to return the amount paid by him in the process of purchasing the pant. Rs.5,000/- towards deficiency of service caused by the opposite party to him and such other relief or reliefs as the Forum may deem fit and proper in the circumstances of the case in the interest of justice.
2. The facts of the complainants case are that the complainant purchased a pant from the opposite party on 02-04-2005 on the occasion of Ugadi Festival for his sons aged about 7 years for Rs.585/-. The said pant was used on 09-04-2005 at evening time which was happened to be Ugadi Festival. At about after 3 or 4 hours it was found by him the said pant was turned at Knee level. The Ugadi Festival was taken p lace on Saturday. Next day happened to be a Saturday, the business establishment of the opposite party was closed. So, on 11-04-2005 he approached the opposite party for exchange or other alternative remedy at about 3 PM, the younger brother of the proprietor was present at that time. He gave a reply that his elder brother who is looking after the business affairs. Accordingly, the complainant approached the Proprietor of the opposite party establishment at about 5.30 P.M. on 11-04-2005 for alternative remedies. But the opposite party gave a evasive reply and he expressed his inability to replace the same. The opposite party suggested to him, if the said pant was not used, he will replace the same. In fact, at the time of purchasing the said pant was in a good condition. Subsequently, on its use the stitches were detached at knee level due to use of low quality material which amounts manufacturing defect. He, as a complainant expected from the opposite party good services and durability of the goods, but the opposite selling the defect goods to his customers. Due to above reckless attitude of the opposite party, he got issued the legal notice on 12-04-2005 served on the opposite party on 15-04-2005. But the opposite party neither replied to the same nor solved the problem of him. The above said lapsive conduct of the opposite party, in not taking any care or proper response to the customers after detection of defects in the goods which is sold to the complainant is certainly amounts to deficiency of service, constrained the complainant to resort to this Forum for redressal of the claim.
3. In pursuance of the receipt of the notice of the Forum as to this case of the complainant, the opposite party neither appeared before this Forum nor contested the case of the complainant by filing any written version with any defence and thereby remained exparte.
4. While such is so with the opposite party, the complainant in substantiation of its case relied upon the documentary record in Ex.A1 to Ex.A5 besides to his sworn affidavit in reiteration of the complaint averments.
5. Hence, the point for consideration is whether the complainant is made out the case of deficiency of service on the part of the opposite party towards him, entitling him for the reliefs sought.
6. The Ex.A1 is the computer bill of the opposite party dated 02-04-2005 of the purchase of four articles i.e., 1) Maggi Tops, Rs.349/-, 2) Kids Pants, Rs.585/-, 3) City boys, Rs.599/- and 4) Spiderman Shirt, Rs.549/- amounting to Rs.2,082/-. In this computer bill (Ex.A1) among three conditions one is, exchange accepted within 14 days. The Ex.A2 is the damaged Kids pant, the cost of it is Rs.585/- as shown in the Ex.A1 computer bill as Item 2. The Ex.A3 is the legal notice dated 12-04-2005 given by the complainant to the opposite party, the facts which averred in the complaint and informed him to replace the said pant and liable to pay him Rs.5,000/- towards deficiency of services and if the opposite party failed to comply to his legal demand, he will approach the appropriate Forum for ventilate his said grievances. The Ex.A4 is the postal receipt No.4254 dated 12-04-2005 of the registered acknowledgement due of the said legal notice i.e., Ex.A3. The Ex.A5 is the acknowledgement of opposite party dated 15-04-2005 of the said legal notice i.e., Ex.A3. As shown in the Ex.A1 (Computer bill dated 02-04-2005) Exchange accepted within 14 days i.e., from the date of purchase of date 02-04-2005 as per the said exhibit. In this case for the replacement of the said defect pant (Ex.A2) which is within 14 days as per the condition envisaged in the Ex.A1. Thus the facts so envisaged in Ex.A1 to Ex.A5, the complaint averments and the complainants sworn affidavit averments reiteration of its case are neither denied nor rebutted by the opposite party and hence there appears every bonafidies in the claim of the complainant.
7. Therefore, in the above said circumstances and the cogent material available the complaint is allowed directing the opposite party to pay to the complainant Rs.585/- towards the defect pant, which is sold to the complainant, after receipt of the said defect pant (Ex.A2) from the complainant, and Rs.500/- towards compensation for the said deficiency in the service and Rs.500/- towards costs within a month from the date of receipt of this order. Return the Ex.A2 to the complainant on expiry of the appeal time.
Dictated to the Stenographer, Typed to the Dictation, corrected by us, pronounced in the Open Court this the 14th day of September, 2005
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:- Nil For the opposite party:-Nil
List of Exhibits marked for the complainant:-
Ex.A1 Is the computer bill.
Ex.A2 The damaged Kids pant, the cost of it is Rs.585/-
Ex.A3 The legal notice dated 12-04-2005 given by the complainant to the opposite party.
Ex.A4 Is the postal receipt No.4254 dated 12-04-2005.
Ex.A5 Is the acknowledgement.
List of Exhibits Marked for the opposite party:- -Nil-
PRESIDENT
MEMBER MEMBER
Copy to:-
1. Sri.M.Sreenivasa Reddy, Advocate, Kurnool
2. The Proprietor, Vastra, Store No.8, Abdullah Khan, Estate, Kurnool.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
