DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Tuesday the 28th day of February 2023
C.C.325/2022
Complainant
Jisha C,
W/o T.K Manoj Kumar,
Vrindavan House,
Kozhikode-673 016.
Opposite Party
Manager,
Tony & Guy,
2nd Floor, Gokulam Galleria,
Arayidathpalam (P.O),
Kozhikode -373 016.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
On 04-09-2022 The complainant straightened her hair in the shop of the opposite party paying Rs.4,720/-. It was assured by the opposite party that it would last for seven months without any defect. On the next day, on taking bath, her hair was in a worse condition than before doing the straightening work. Then she approached the opposite party and reported her grievance. The opposite party agreed to pay compensation and advised her not to disclose the same to anyone. They agreed to refund the amount spent by her within 10 days after contacting the Head Office. But thereafter no further action was there and she was cheated. She was put to great mental agony and inconvenience, besides monetary loss due to the deficiency of service of the opposite party. Hence the complaint claiming a total compensation of Rs.65,720/-
- The opposite party failed to appear before this Commission despite receipt of notice and hence set ex-parte.
- The points that arise for determination in this complaint are :
- Whether there was any deficiency of service on the part of the opposite party, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Ext A1 was marked.
- Heard.
- Point No.1– Thecomplainant has approached this Commission alleging deficiency of service on the part of the opposite party. The specific allegation is that her hair straightening work done by the opposite party was defective and they neglected to redress her grievance.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. It is averred in the proof affidavit that though the opposite party had assured that the straightening of the hair would last for seven months, on the very next day of straightening, the condition of the hair became worse. Ext A1 shows that Rs. 4,720/-was charged for the Fringe keratin work by the opposite party. It is averred that though the opposite party had agreed to compensate her, no positive action was taken thereafter.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the document produced and marked by the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1. Deficiency of service on the part of the opposite party is established and proved. The complainant is entitled to get refund of Rs.4,720/- covered by Ext A1 bill. Besides, she is entitled to get a reasonable compensation for the mental agony and hardship suffered. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this case.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC.325/2022 is allowed in part.
- The opposite party is hereby directed to refund
Rs.4,720/- (Rupees Four Thousand Seven hundred and Twenty only) to the complainant.
- The opposite party is directed to pay a sum of Rs. 5,000/- (Rupees Five thousand only) as compensation to the complainant for the inconvenience and mental agony suffered.
d) The payment as afore-stated shall be made within 30 days of
The receipt of copy of this order, failing which, the amount of Rs.4,720/- shall carry an interest of 6% per annum from the date of this order till actual payment.
- No order as to costs.
Pronounced in open Commission on this the 28thday of February 2023.
Date of Filing: 24/11/2022
Sd/-
PRESIDENT
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MEMBER
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MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Bill.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 Jisha C (Complainant)
Witnesses for the opposite parties
Nil.
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PRESIDENT
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MEMBER
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MEMBER
Forwarded/ By Order
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Assistant Registrar
