IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu P. Gopalan, Member
CC No. 269/15
Friday the 29th day of January,2016
Petitioner : Thomas Sebastian,
S/o Sebastian,
Vaippicherry House,
Pullaikunnu Road,
Kumaranalloor PO,
Kottayam.686 016.
Vs.
Opposite parties : The General Manager,
M/s. Mahalakshmi Silks,
Railway Station Road,
Near Collectorate, Kottayam 686 061.
O R D E R
Hon’ble Mr. Bose Augustine, President
The case of the complainant filed on 6/10/15 is as follows.
The complainant on 21-9-15 purchased a Churidhar – L from the opposite party’s Kottayam show room by paying Rs.7245/-. According to the complainant he had purchased the said churidahar on attracting the stone decorate works and the service person assured that these stones will not normally fall off. But while on the first use itself, on 26-9-15 these stones decoration were falling off profusely. Then on 27-9-15 he was approached the 1st opposite party and complained the matter and demanded to refund the price of the churidhar or replace the churidhar. But they have not cared to redress the grievance of complainant. Hence this complaint.
After accepting the notice, the opposite party has not cared to appear or file version before the Forum.
Points for determinations are:
- Whether there is any deficiency in service or unfair trade practice on the part of opposite party?
- Relief and costs?
Evidence in this case consists of the proof affidavit of the complainant and Ext.A1 document and Ext.MO 1&2.
Point No.1
The case of the complainant is that on the first use of the churidhar, which was purchased from the opposite party’s show room, it become defects, ie the stones were fall down and on request opposite party has not cared to redress the grievances of the complainant. Compalinant produced the bill dated 21/9/15 issued by the opposite party and the same is marked as Ext.A1. From Ext.A1 it can be seen that the price of the Chridhar is Rs.7245/-. MO1 is the Churidahar and MO2 is the stones which were fell down from the churidhar. On inspection of MO1 & MO2 it can be understood that MO2 stones were fell down from the churidhar. From Ext.A1, MO1 and MO2, the case of the complainant is proved. So in our view the act of opposite party in selling an inferior quality churidhar and not redressing the grievance of complainant, amounts to unfair trade practice and deficiency in service. Point No.1 is found accordingly.
Point No.2
In view of the findings in Point No.1 complaint is allowed.
In the result,
- The opposite party is ordered to refund Rs.7245/-, the price of the Chridhar, to the complainant.
- The opposite party is ordered to pay Rs.2000/-, as compensation, to the complainant.
- The opposite party is ordered to pay Rs.1000/- as cost of this litigation to the complainant.
The Order shall be complied with within 30 days from the date of receipt of copy of the order. If not complied as directed the award amount will carry 15% interest. On compliance of the order opposite party can collect the MOs from the office of this Fora.
Pronounced in the Open Forum on this the 29th day of January, 2016.
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mrs. Renu P. Gopalan, Member Sd/-
Appendix
Documents for the petitioner
Ext.A1-Retail invoice bill No.B3-BC-137584 dtd 21/9/15 for Rs.7245/-
Ext.MO1-Churidhar
Ext.MO2-Stones
By Order,
Senior Superintendent
