Decided on February 17,2014

Vikas Kundu Appellant
Kokcha Tailors Respondents


Nawab Singh, J. (President) - (1.) THIS appeal has been filed by Mr. Vikas Kundu, Advocate against the order dated January 10th, 2014 passed by District Consumer Disputes Redressal Forum, (for short District Forum), Jind. The operative part of the order is reproduced as under: "5. After going through facts of the case, we are of the considered view that deficiency in service is established on the part of the opposite party. Hence, the complaint is accepted. Consequently, the opposite party is directed to pay the price of cloth i.e. Rs. 2230 to the complainant within a period of 30 days from the date of order of this case. In case of failure the opposite party will pay simple interest @ 9% p.a. to the complainant w.e.f. the filing of complaint i.e. 27.8.2013 till realization of full amount. Parties will bear their own costs." The perusal of the order shows that the complainant (appellant herein) purchased 10 metres cloth, to get stitched four shirts, for an amount of Rs. 2230 from M/s. Vikas Emporium, Jind. The cloth was given to Kokcha Tailors -respondents to stitch the same but he did not.
(2.) COMPLAINT being filed under Section 12 of the Consumer Protection Act, 1986, the District Forum directed the respondent to pay an amount of Rs. 2230 to the appellant along with interest @ 9% per annum from the date of filing of the complaint, that is, August 27th, 2013 till its realization. In appeal before this Commission learned Counsel for the appellant has urged that the amount spent on the stitching of the shirts should have also been ordered to be paid to the appellant. The submission is not tenable because the appellant has not been able to prove the payment of stitching to the respondent. Hence, the order passed by the District Forum was perfectly legal and requires no interference. Therefore, the appeal is dismissed.;

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