SMT. RAVI SUSHA  : PRESIDENT:

        Complainant filed this complaint U/S 35 of the Consumer Protection Act 2019 seeking to get  an order directing the  opposite party to pay Rs.12,000/- towards the value of 2 pillows together with compensation for mental agony and transport  expense for travelling to the opposite party’s shop room.

      Complainant entrusted a Diwan bed with two pillows to OP on 7/2/2022 with pre agreed amount of Rs.2500/-.  But after that OP demanded Rs.2950/- for  extra filling of cotton inside the bed.  When he approached  OP for get back the repaired bed, the OP had not returned the pillows .  Further the width of repaired bed was less in size than entrusted.  On enquiry, OP  replied that the cotton inside the pillows were also filled in the bed.  When complainant questioned about it, OP had threatened him without returning the pillows.  Hence this complaint for getting the amount as prayed in the complaint.

   On reply OP submitted that complainant had entrusted one bed and two pillows to him  for repair work and as per the agreement he had returned the bed after filling 1 ½  kg  extra cotton.  So he had received extra charge of R.450/- from the complainant.  According to OP, there was no deficiency in service or unfair trade  practice on his part and prayed for the dismissal of the complaint.

    Both parties filed their chief affidavit and complainant has submitted quotation,  Ext.A1.  Both parties were subjected to cross-examination by the rival parties.  Ext.A1 shows that the complainant entrusted the Diwan bed to the complainant on 7/4/2022 and the  rate for  work agreed was R.2950/-out of which  Rs.450/- for 1 ½Kg cotton and for bed Rs.2500/-.  During cross examination of DW1, he admitted that complainant had entrusted the Diwan bed with two pillows for the repair work and after the work OP had given only the bed.  He agreed that he had not return back the pillows to the complainant.

   According to OP he had used the cotton inside the pillows for filling inside bed.  But as per the oral agreement complainant entrusted both bed and pillows for the work.  It is seen that OP received additional amount  Rs.450/- for 1 ½ Kg cotton for additional filling.  Then the non-returning of pillow after repair work amounts to deficiency in service on the part of OP.  Hence complainant is entitled to get relief.

   In the result complaint is allowed in part.   Opposite party is directed to give Rs.5000/- to complainant towards the value of two pillows and compensation for the mental agony and transportation charge caused to the complainant due to the deficiency in service on the part of opposite party.  Opposite party shall pay the  amount within one month from the date of receipt of this order.  Failing which the amount carries interest @9% per annum  from the date of order till realization.  Complainant is at liberty to file execution  application  against opposite party for realization of the amount as per the provision of Consumer Protection Act 2019.

Ext.A1- Quotation

PW1-Madhu Palayam-complainant

DW1-A.Sandeep- OP

    Sd/                                                     Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                   MEMBER

Ravi Susha                                       Molykutty Mathew                             Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR