O R D E R.

By Sri. A.S. Subhagan,  Member:

          This is a complaint filed under Section 35 of the Consumer Protection Act 2019.

          2. Facts of the complaint in brief:-  The Complainant on 19.08.2022 at about 6 PM  purchased a churidar material for Rs.2,100/-  from the Opposite Party Shop.  It was purchased as it was seen suitable coloured  to the Complainant in the high shop light.  On the very next  day, in the day light,  the material was seen to be not suitable to the Complainant,  it was returned to the Opposite Party and demanded  refund.  But they denied refund and   instructed the Complainant to take another churidar material.  Though the Complainant tried to select one,  she could not see a suitable  one  to her  in the Opposite Party shop.  Then the employees in the  shop advised to select a new one  when new stock would arrive and hence on 25.08.2022, at about 10.30 AM, the Complainant visited the  Opposite Party shop to select a new one.  The Complainant selected  one, but she saw that the price tag for Rs.2,090/-  was pasted  on the  churidar.  But when the bill was prepared, the Opposite Party   replaced the price tag for Rs.2,090/-  with a new price tag for Rs.2,390/-.  The Complainant told the Opposite Party to sell the churidar either for Rs.2,090/-  or to  refund Rs.2,100/-.  But the Opposite Party was not willing to do so and  insulted the Complainant.  The  acts of the Opposite Party and their employees have caused mental agony to the Complainant.  This act of the Opposite Party is deficiency in service and unfair trade practice.  Hence this complaint with prayers to direct the Opposite Party:-

1. To pay Rs.2,100/-,  being the price of the returned churidar material.
2. To pay Rs.50,000/-  as compensation towards the inconvenience and mental agony and
3. To pay Rs.10,000/-  towards  cost of this complaint.

3. The complaint was admitted and summons was issued to the Opposite Party. 

Opposite Party  appeared and filed version.

          4. Contents  of version filed by the Opposite Party:-  According  to the Opposite Party the Complainant  had visited the Opposite Party on 19.08.2022,  selected the Churidar material and returned  satisfactorily.  But on 20.08.2022, the Complainant visited the shop and told to replace it.  The employees of the  shop had behaved on that day as similar to that of on 19.08.2022 to the Complainant with pleasant  mind and behavior.   All the available stocks were shown to the Complainant but the Complainant left the shop saying that she would come  when the new stock arrives.  The Opposite  Party shop is  having  only the same lighting as is having  in any other shop.  The Complainant had seen  Churidars of different colours  with different prices such as Rs.2,090/-, 2,390/-  etc.  This might have caused  misunderstanding to the Complainant.  The Complainant insisted to get churidar of Rs.2,390/-  for the price of the previous churidar of Rs.2,100/-.  The Opposite Party had expressed their inability to sell the material at that price in a polite manner with respect .  After that,  the Complainant went away saying that she would  purchase from any other shop.  The fact  that the Complainant had complaint regarding this  was only known  to the Opposite Party when the notice from this Commission was received.  This is the truth, the Opposite Party submitted thus.

          5. The Complainant filed affidavit and adduced oral evidence.  From the side of the Complainant Ext.A1 was marked. Ext.A1 is the copy of bill issued by the Opposite Party on 20.08.2022 for the purchase of the churidar material.  Opposite Party did not file affidavit; not filed and marked any document and not adduced any oral  evidence and not cross examined the Complainant.   The complaint was heard on 11.08.2023.

          6. Considering  the evidence available before the Commission and the facts and circumstances of the case,  we raised the following points.

1.  Whether there has been any deficiency in service/unfair trade practice from the side of the Opposite party?
2. If so,  Relief and cost ?

7. Point No.1:- We made a thorough probe  into the various aspects of the case

in detail and perused the evidences brought before us.  The allegation of the Complainant is that the churidar material purchased from the Opposite Party shop in the lighting of the shop did not reflect the same quality during day light and was  not suitable to the Complainant and though the Complainant demanded refund,  the Opposite Party denied refund and the  Complainant could not select a suitable churidar material  in the Opposite Party shop.  The employees in the Opposite Party shop insulted and misbehaved  the Complainant and were not willing to refund the amount which according to the Complainant is deficiency in service/unfair trade practice.  On the other hand the Opposite Party denied all the allegations of the Complainant.   Complainant has produced and marked Ext.A1 which shows that  a churidar material costing Rs.2,100/-  was purchased by the Complainant from the Opposite Party shop.  The  Opposite Party has also admitted the sale of the  churidar material.  But the Opposite Party has not adduced any evidence to contradict the allegations of the Complainant.  No affidavit was filed by the Opposite Party;  No documents were  marked and no oral evidence was adduced.  Hence, we have no other option than to accept the allegations of the Complainant.  Sale of goods/dress materials to customers and denial of refund of price if the customer is not satisfied by the quality of the product and insulting and misbehaving the customers amount to deficiency in service/unfair trade practice.  So, here there has been deficiency in service/unfair trade practice from the part of the Opposite Party.  Therefore,  point No.1 is proved against the Opposite Party.

          8. As point No.1 is proved against the Opposite Party,  they are liable to refund the price of the churidar material, to pay compensation and  cost of this complaint  to the Complainant.  But the compensation claimed is seen exorbitant.  In our view an amount of  Rs.15,000/-  is a reasonable amount of Compensation.

          9. In the result,  the complaint is partly allowed and the Opposite Party is directed:

1. To refund the amount of  Rs.2,100/-  (Rupees Two thousand One hundred only) being the price of the churidar material.
2. To pay compensation of Rs.15,000/-  (Rupees Fifteen thousand only) for mental agony and deficiency in service/unfair trade practice and
3. To pay Rs.10,000/-  (Rupees Ten thousand only) towards cost of this complaint.

The above amounts shall be paid to the Complainant within One month from

the date of this order failing which the amounts will carry interest  at the rate of 9% per annum.

          Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 14^th  day of September 2023.   

Date of filing:03.09.2022.

                                                                   PRESIDENT    :  Sd/-       

                                                                    MEMBER        :  Sd/-  

                                                                   MEMBER        :   Sd/-

APPENDIX.

Witness for the Complainant:

PW1.                    Deepa. M.K.                            Complainant.                 

Witness for the Opposite Party:

Nil.                      

Exhibit for the Complainant:

A1.       Copy of Return Bill No.584.                    dt:20.08.20222.

Exhibit for the Opposite Party:

Nil.   

                                                                                                PRESIDENT:  Sd/-

                                                                                               MEMBER    :  Sd/-

                                                                                               MEMBER    :  Sd/-