By Sri. MOHANDASAN.K, PRESIDENT
The case of the complainant is as follows: -
1. The case of the complainant is that she entrusted her Churidar before the opposite party to remove the stain since, she was impressed by the advertisement of the opposite party that there is technology with them to remove the stain. The display was that “കറകw മായ്ക്കുന്ന പുതിയ സാങ്കേതിക വിദ്യ “. The complainant entrusted the churidar during the month March 2022. Though she demanded for bill for the same the opposite party did not issue bill to the complainant. Thereafter she approached the opposite party for the churidar and for the bill but there was no proper response. All the occasions she was instructed to approach by next week. There after long days the complainant approached the opposite party and on searching the premises of opposite party, she was surprised of noticing the fact that the churidar was totally turned useless. The color of the churidar was totally changed. While she entrusted the churidar the color of the churidar was ash and on seeing the same it was turned as yellow. Then the complainant demanded the opposite party to dip the churidar in ash color. The opposite party admitted the same and the next occasion it was told that the churidar was not returned from where it was entrusted for colorings. Meanwhile three months had elapsed. The opposite party informed that they cannot color the churidar.
2. Hence, the complainant submitted that the churidar is worth Rs.3,000/- and the opposite party is liable to replace with a new churidar or to pay compensation. The opposite party did not agree for the demand and so filed this complaint seeking refund of Rs.3,000/-, the cost of the churidar along with compensation of Rs.15,000/- and cost of Rs.5,000/-.
3. On admission of the complaint notice was issued to the opposite party. Despite receipt of intimation. The opposite party did not claim the notice and so the notice returned with endorsement “unclaimed.” Hence it is treated that the notice served and the name of the opposite party called and set exparte.
4. The complainant filed affidavit and documents. The documents marked on the side of complainant as Ext. A1 and A2. Ext. A1 is copy of display of notice. Ext. A2 is tax invoice dated 27/03/2021.
5. The case of complainant established through the exparte affidavit and documents A1 and A2. Ext. A2 shows that the complainant purchased the churidar worth Rs.2,985/-. There is no contra evidence against the case of complainant. Hence, we allow this complaint as follows: -
- The opposite party is directed to pay Rs.3,000/- towards the cost and other incidental expenses to the complainant.
- The opposite party is also directed to pay Rs.10,000/-as compensation and cost to the complainant.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the opposite party is liable to pay interest at the rate of 9% per annum from the date of order to till date of payment.
Dated this 31st day of July , 2023.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 and A2
Ext.A1: Copy of display of notice .
Ext.A2: Tax invoice dated 27/03/2021.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
