M.THANIKACHALAM J. - (1.) The order under challenge in this appeal is dated 29.08.2007 in OP.247/2005, on the file of the District Consumer Disputes Redressal Forum, Coimbatore , wherein, a direction has been given against the opposite party/appellant to pay a sum of Rs.10,000/- with cost, for the alleged deficiency in service.
(2.) The respondent/complainant in order to change his spectacle, approached the opposite party on 12.05.2004. The opposite party/appellant agreeing to change the spectacle, according to the change of power, fixing the price of the spectacle at Rs.1,800/-, collected a sum of Rs.400/- as advance, assuring to deliver the spectacle, on the same day evening. But when the complainant had been to the opposite party to collect the spectacle, they have not made ready, whereas, requested them to come after one week. Then once again requested the complainant to come after 10 days, thereby committed negligence act. Because of the non-availability of the spectacle, since he had given his old spectacle also to the opposite party, the complainant suffered a lot, unable to attend day to day work, causing mental agony, for which, he is entitled to a sum of Rs.20,000/- as compensation. Hence, the complaint.
(3.) The opposite party admitting that they have collected a sum of Rs.400/- as advance, assuring to deliver the spectacle on the same day, opposed the claim, contending that even before the fixed time at 7 pm, spectacle was made ready, that the complainant alone had not come and received the spectacle, that too, even after intimation by post card, that at no point of time, they demanded any additional amount and that since they have not committed any deficiency, they are not liable to pay any compensation, thereby praying for the dismissal of the complaint.;