BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 119/2020  Filed on 01/06/2020

ORDER DATED: 05/03/2022

ORDER

SMT. PREETHA G. NAIR: MEMBER

                        The complainant had purchased a top for his daughter for an amount of Rs.1,299/- on 04/02/2020 from opposite party.  The colour of the top is dark blue.  After two days wearing within 20 days from the date of purchase the top was washed with surf washing powder.  Then the colour of the water in the bucket became dark blue.  As the price of the top was Rs.1,299/-, this type of costly top is not expected to be damaged.  Then the complainant take back the top from the soap water and dip into another water.  That water too turned in to blue colour.  It shows that the colour will loose during the remaining washes also.  Thereafter the complainant send a registered letter to opposite party.  But the opposite party had not ready to settle the matter and not replied the letter.  Hence the complaint.

                        After accepting the notice the opposite party not present before this Commission.  Hence opposite party set ex parte.   

                        Complainant filed chief affidavit and documents.  Ext.P1 to P3 and MO1 marked.

                        Issues to be considered are:

1. Whether there is any deficiency in service on the part of opposite party?
2. If so what is the relief and cost?

            Issue Nos. (i) & (ii) : In Ext.P1 shows that the complainant had purchased one top from opposite party on 04/02/2022 for Rs.1,299/-.  The opposite party had not filed version and affidavit.  Further the opposite party not adduced any evidence to disprove the case of the complaint.  So the evidence of the complainant stands unchallenged.  As per the evidence available before this Commission, the act of opposite party amounts to deficiency in service. 

     In the result complaint is allowed.  We direct the opposite party to pay Rs.1,299/- (Rupees One Thousand Two Hundred and Ninety Nine Only) as price of the top and pay Rs.2000/- (Rupees Two Thousand Only) as compensation and Rs.1000/- (Rupees One Thousand Only) as cost of the proceedings to the complainant, within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization.  On compliance of the order the complainant directed to handover MO1 to opposite party. 

                        A copy of this order as per the statutory requirements is forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 5^th day of March 2022.

C.C.No.119/2020

                                                             APPENDIX

I           COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

               NIL

IV        OPPOSITE PARTY’S DOCUMENTS:

              NIL

V         COURT EXHIBIT:

                                                                 Sd/-

PRESIDENT