By Smt. Mini Mathew, Member
1. The complainant's case in brief is that on 25-08-2013 he purchased two churidar bits from the opposite party and paid Rs.2,024/- as their cost. He got them stitched for his wife. Out of the two churidars the second one worth Rs.968/- when soaked in water before use it's colour completely faded. Thereafter the complainant went to the opposite party and the opposite party had taken the churidar and informed the complainant to contact the opposite party after 4 days so that the opposite party could contact the manufacturer. When the complainant contacted the opposite party after 4 days he was informed by the opposite party that since the churidar was stitched he could do nothing. But he was ready to pay the complainant half of the price of the churidar. The complainant paid Rs.270/- to get the churidar stitched he could not attend the marriage of his friend due to this. Hence he claims Rs.2,500/- as compensation and Rs.1,500/- for the mental agony.
2. Notice was issued to the opposite party and on receipt of the same he entered appearance. He filed his version denying all the allegations of the complainant. But he admits the purchase of the 2 churidar by the complainant. He further submits that there is no guarantee for the items purchased from his shop and this is clearly stated in the bill issued by him. Hence he is not liable to pay any amount to the complainant.
3. The points to be considered in this matter:-
(I) Whether there is any deficiency in service of the opposite party?
(ii) If so, reliefs and costs.
4. The complainant filed affidavit in lieu of chief examination before this Forum. He produced Ext.A1 the bill issued by the opposite party dated, 25-08-2013 and he also produced MO1, the churidar. He proved the churidar which is marked as MO1. The opposite party did not care to cross examine the complainant or challenged document produced and the material object proved. Further he did not care to adduce any evidence on his side. This Forum carefully examined the MO1 and found that he colour of the churidar is completely faded. From this it is found that there is deficiency of service on the art of the opposite party.
5. The opposite party is a well established shop in Kottakkal. The consumers of such as establishment should not be put to difficulties. The complainant spent his hard earned money to buy a churidar for his wife. When it is put in water colour completely faded. Definitely this has caused much inconvenience and mental agony to the complainant.
6. Therefore, we, hereby order that the opposite party shall pay Rs.1,238/-(Rupees One thousand, two hundred and thirty eight only) to the complainant, as the price of the churidar and stitching charge, together with Rs.2500/-(Rupees Two thousand five hundred only) as compensation for the mental agony and hardship. Opposite party is further directed that he shall pay Rs.1,500/-(Rupees One thousand five hundred only) towards the cost of this proceedings within one month from the date of receipt of copy of this order.
Dated this 18st day of July, 2014.
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K. MOHAMMED ALI, PRESIDENT
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R. K. MADANAVALLY, MEMBER
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MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A1 : Retail Invoice dated, 25-08-2013 for Rs.2024/- from opposite party.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
Material object marked : MO1
MO1 : Churidar
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K. MOHAMMED ALI, PRESIDENT
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R. K. MADANAVALLY, MEMBER
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MINI MATHEW, MEMBER
