Between:

A.Padmavathi, W/o A.Subbaiah Babu,

House Wife, H.No.45-202-A1, Beside K.N.R. School, Ashok Nagar, Kurnool District – 510 003.                                       

…Complainant

                                                    -Vs-      

The Propriter, M/S Dress Circle, Ready Made Show Room,

Shop No.11, Abdullah Khan Estate, Kurnool – 518 001.          

   ...Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri.K.Mohan Babu, Advocate for complainant and opposite party called absent and upon perusing the material papers on record, the Forum made the following.

 ORDER

(As per Smt. S.Nazeerunnisa, Lady Member)                                                                  C.C. No.49/2012

1.     This complaint is filed under section 11 and 12 of C.P. Act, 1986 praying:-

(a)          To direct the opposite party to return the price of Punjabi Dress of Rs.2,039/- with interest at 24% per annum for the date of purchase of Punjabi Dress to till the date of payment to the complainant;

(b)          For causing mental agony of Rs.10,000/-;

(c)           For the cost of this complaint;

(d)          To grant any such other relief or reliefs as the Honourable Forum may deem fit in the circumstances of the case.

2.    The case of the complainant in brief is as under:- On 16-09-2011 the complainant purchased Punjabi Dress to her daughter for Rs.2,039/-, as per receipt No.70330 from opposite party.  Thereafter on 21-09-2011 the complainant checked the dress.  She found damage to the dress and its colour was pale.  The complainant approached the opposite party on 22-09-2011 and showed the damaged Dress.  The opposite party had taken it back and promised to deliver new dress with in ten days.   The opposite party endorsed the said fact on the back side of the bill.  Subsequently the complainant approached the opposite party several times.  At last on 22-10-2011 the complainant issued legal notice demanding the opposite party to provide new dress.  The opposite party received the notice but did not respond.  Hence the complaint.

3.     Opposite party set exparte.

4.     On behalf of the complainant Ex.A1 to A4 are marked and sworn affidavit of the complainant is filed.

5.     Now the points that arise for consideration are:

                     i.        Whether there is deficiency of service on the part of Opposite Party?

                    ii.        Whether the complainant is entitled for the reliefs as prayed for?

                  iii.        To what relief?

6.      POINTS i and ii:-  It is the case of the complainant that she purchased Punjabi Dress from opposite party on 16-09-2011.  The complainant in her sworn affidavit clearly stated about the purchase of dress by her on 16-09-2011 for Rs.2,039/- from opposite party.  The complainant also filed Ex.A1 receipt showing the purchase of dress for Rs.2,039/- on 16-09-2011 from opposite party.  It is further case of the complainant that subsequently on 21-09-2011 she found damage to the dress and returned to the opposite party and that opposite party promised to deliver new dress within ten days.  The opposite party endorsed the said fact on the back side of the bill (Ex.A1).  The said fact was also stated by the complainant in her sworn affidavit.  It is the case of the complainant that inspite of several demands the opposite party failed to deliver the new dress and that she gave legal notice Ex.A2 dated 22-10-2011.  The opposite party received the said notice but did not choose to provide new dress to the complainant.  The complainant filed the postal receipt Ex.A3 and postal acknowledgement Ex.A4 evidencing the receipt of the legal notice by the opposite party.  There is deficiency of service on the part of the opposite party. 

7.     In the result, the complaint is partly allowed directing the opposite party to deliver new dress to the complainant or to pay Rs.2,039/- along with costs of Rs.500/- to the complainant within two weeks from the date of order.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 2^nd day of August, 2012.

Sd/-                                     Sd/-                                Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nill                  For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Cash Receipt for Rs.2,039/- dated 19-09-2011.

Ex.A2                Office copy of Legal Notice dated 22-10-2011.

Ex.A3                Postal Receipt.

Ex.A4                Acknowledgement Card.

List of exhibits marked for the opposite party:-  NILL

Sd/-                                   Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :