Smt. Sheela Jacob (Member): 

                   The complainant has filed this complaint against the opposite party for getting a relief from the Forum. 

                   2. The brief facts of the complaint is as follows.  The complainant had purchased a jute saree with blouse worth Rs. 5,400/- from the shop of the opposite party on 18/07/2017.  She stitched the blouse after cutting the blouse piece from the saree.  When the complainant ware the saree the colours of the blouse faded and it spread over the saree and the same became useless.  The material was of inferior quality and not fit for wearing.  The complainant went to the opposite party’s shop and complained about the damage of saree and blouse and demanded them to return the price paid or replace the same.  But the opposite party did not do anything.  The opposite party refused to do so and abused the complainant.  The above said act of the opposite party is a clear deficiency in service, which caused mental agony and financial loss and the opposite party is liable to the complainant for the same.  Hence this complaint for an order directing the opposite party to return its price Rs.5,400/- with 12% interest along with compensation of Rs.5,000/- and cost of this proceedings.

3. In this case, though the opposite party entered appearance he has not filed his version inspite of so many chances given to him by this Forum.  Hence he was declared as exparte.

4. On the basis of the pleading of the complainant the only point to be considered is whether this complainant can be allowed or not. 

          5. The evidence of this complaint consists of the oral testimony of PW1 and MO1.  After the closure of evidence the complaint was heard.   

         6.   The Point:-  The complainant’s case is that she had purchased a jute saree with blouse from the opposite party’s shop for tan amount of Rs.5,400/-.  But its colour faded and the complainant approached the opposite party for redressing her grievance.  But he did not turn up.  The above said act of the opposite party is a clear deficiency in service which caused mental agony and financial loss to the complainant.  Therefore, the complainant prays for allowing the complaint.

             7. In order to prove the case of the complainant, the complainant adduced oral evidence as PW1 and produced the saree with blouse which are marked as MO1 series.  The complainant as PW1 stated that she could not produce the bill because it was lost somewhere.

              8.  The complainant’s case is that the colour of the blouse faded and it touched certain parts of the saree and it became useless.  She suffered much mental agony and pain due to the harassment from the manager.  It is evident that MO1 saree has certain manufacturing defect and the opposite party is bound to replace the same.  Her evidence would shows that there is clear deficiency on the part of the opposite party because they did not replace MO1 saree.  PW1 had suffered a lot of mental agony for the same. 

          9.  Since the opposite party is exparte.  We find no reason to disbelieve the allegation of the complainant.  Hence the complainant’s case stands proved as unchallenged.  Therefore we find that the above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same.  Hence we find that the complaint is allowable against the opposite party.  In the particular context of the case, now there is no meaning in directing the opposite party to replace the saree with a new one because no confidence can be placed on the opposite party from their conduct.  So we decided to direct the opposite party to refund the price of the saree with blouse Rs. 5,400/- to the complainant and take back MO1 saree.  The complainant has been unnecessarily dragged to this Forum to get redressal of her genuine grievance and in the circumstance Point No 1 & 2 are found in favour of the complainant.

            10.   In the result, this petition is allowed.

1. The opposite party is directed to pay Rs.5,400/- (Rupees Five Thousand and Four Hundred only) as per the price of the MO1 saree with blouse along with Rs.2,000/- (Rupees Two Thousand only) as compensation and  Rs. 1,000/- (Rupees One Thousand only) as cost of this petition to the complainant within 15 days of the receipt of a copy of this order, failing which the complainant is allowed to realize the whole amount with 10% interest per annum from today till the realization of whole amount.    

Declared in the Open Forum on this the 30^th day of November, 2017.                                                                                                                                                                                                                           

                                                                                                 (Sd/-)

                                                                                        Sheela Jacob,

                                                                                           (Member)

Sri. P. Satheesh Chandran Nair (President)  :   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Rosamma Philipose

Exhibits marked on the side of the complainant:

MO1: Saree with blouse.

Witness examined on the side of the opposite party:  Nil.

Exhibits marked on the side of the opposite party:  Nil.

                                                                                                  (By Order)

Copy to:- (1) Rosamma Philippose,

                    Shibu Bhavan,

                    Kulanada.

2.  The Manager, Alex,

                    Patteril Textiles,

                 Kozhencherry.

3. The Stock File.