Date of filing : 30-05-2014
Date of order : 15-07-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.105/2014
Dated this, the 15th day of July 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Jayachandran.K, : Complainant
S/o.K.Raghavan, Kunnamkulam,
Cheruvathur.Po. Kasaragod.671313.
(In Person)
The Proprietor/Manager, : Opposite party
Apsara Wedding Centre,
Payyanur, Kannur Dist.
(Exparte)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
The facts of the case in brief are that the complainant had purchased a churidar from opposite party on 18-05-2014 for an amount of Rs.1050/- for his wife who was in advanced stage of pregnancy . The churidar is intended to wear in a marriage function of a relative. After reaching the house his wife tried to wear the churidar. But it was not suit to her. The size of the churidar is small. Hence very next day the complainant returned the churidar to opposite party and asked to replace the churidar of his wife’s size. The complainant was also ready to pay additional amount. But the opposite party either replaced the churidar or refund the amount. The opposite party insulted the complainant. Hence this complaint is filed for necessary relief.
2. On receipt of notice of this forum the opposite party remained absent and set exparte.
3. Complainant was examined as PW1 and Ext.A1 and MO-1 marked. Ext.A1 is the receipt showing the amount of Rs.1050/- paid to the opposite party and MO-1 is the churidar.
4. On going through the facts of the case we are of the opinion that it is unfair on the part of the opposite party that the refusal to replace the churidar which is not fit for use and misbehavior also amounts to deficiency in service. The opposite party even not responded to a notice issued by a court of law. There is no contra evidence on the part of the opposite party. Hence the complaint is allowed directing the opposite party to refund Rs.1050/- on taking back the churidar and Rs.3000/- for compensation and Rs.1000/- as cost of the proceedings. Time for compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.18-04-2014 Retail Invoice issued by opposite party.
PW1.Jayachandran.K.
MO-1.Churidar
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT