Netagi Road,

Near Malabar Gold,

Kannur 670 001                                           Opposite party

O R D E R

Smt.K.P.Preethakumari, Member

          This is a complaint filed under section 12 of consumer protection act for an order directing the opposite party to pay `397, price of cloth, `120 as stitching charge along with `5,000 as compensation.

          The complainant contended that he got stitched a full sleeve shirt from opposite party on 25.7.12 and as there  was no trial room, he tried the shirt  at home and  to his surprise, the lines in the  front are not matching and  one side is larger than that of the other side. At the time of giving the cloth for stitching the complainant had given instruction that the lines with front should be straight. On the very next day itself he took the shirt to the tailor, and on the very next day he returned the same by saying that it is O.K. But actually the opposite party had not cured the defects. On 28.07.2012 the complainant again took the shirt to the tailor, but he instead of repairing the defect he abused the complainant by throwing the shirt on the complainant. So this was happened due to the deficient service of opposite party in stitching the shirt. So the complainant is entitled to the relief. Hence this complaint.

          The Forum issued proper notice to opposite party and he has not turned up before the Forum, even though he acknowledged the same. So the opposite party was called absent and set exparte.

          The main point to be decided in this case is that whether there is any deficiency of service on the part of opposite party.

          The evidence in this case consists of the chief affidavit filed by the complainant in lieu of chief examination and Exts.MO1 to MO3.

          The complainant has produced the alleged shirt before the Forum and on examining the same the defects alleged by the complainant are noticed. The MO’s produced also shows that lines are not straight and one part is longer than the other. The tag of the opposite party by name “Zanha” was seen stitched inside the shirt which shows that the shirt was stitched by opposite party. The complaint further contended that the bill issued by the opposite party at the time of entrusting the shirt for stitching was taken back by him at the time of delivery of the shirt. More over the opposite party remains absent, even though proper notice was served upon him, here is no need to disbelieve a consumer. The absence of opposite party before the Forum itself is the deficiency on the part of opposite party. So we are of the opinion that there is deficiency of service on the part of opposite party in stitching the shirt. So he is liable to compensate the complainant. The opposite party is liable to give the value of the shirt i.e. `397 to the complainant along with `250 as cost of the proceedings. We are not awarding any compensation. The complainant can used the shirt after rectifying the defects. So the complainant can take back the shirt from the forum. The opposite party is liable to pay `397 as value of the shirt along with `250 as cost of the proceedings and passed order accordingly.

                    In the result, the complaint is allowed directing the opposite party to pay `397 (Rupees Three hundred and Ninety seven only) the value of shirt along with `250 (Rupees Two hundred and fifty only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant can execute the order as per the provisions of consumer protection act. Complainant can take back the shirt.

                             Sd/-                  Sd/-      

                     President                Member     

  APPENDIX

Exhibits for the complainant

MOs1 to 3. Photographs of the shirt

Exhibits for the opposite parties: Nil

Witness examined for either side:

Nil

                                                       /forwarded by order/

                                                          Senior Superintendent

Consumer disputes Redressal Forum, Kannur.