Failure To Stich Shirt To The Agreed Exact Measurement , Consumer Commission Holds Tailoring Shop Liable

Brief Facts;

The complainant, a software engineer approached the opposite party, a tailor, on 14-08-2023 to stitch a shirt to the exact measurements of an existing well-fitting shirt. The opposite party agreed to stich the shirt. A relative of the complainant collected the shirt by paying the tailoring charges. Later, the complainant found that the measurements deviated significantly from the original shirt, making it unwearable.

On 06-01-2024, the complainant approached the opposite party to alter the shirt as per the original measurements. However, the opposite party refused to make any alterations or refund the amount paid for the service.

Aggrieved , the complainant sent a legal notice on 17-02-2024. Since there was no positive reply, the compliant approached the consumer commission praying for a compensation of Rs. 41,850/-

The complainant claimed that the opposite party's failure to deliver the promised service amounts to a "Deficiency of Service" under Section 2(11) of the Consumer Protection Act.

The opposite party was duly served with notice but failed to appear or file their written. version within the statutory period and they were proceeded ex-parte.

Observation By the Commission;

The Commission observed that the opposite party's failure to appear or contest allegations amounts to an admission of guilt and deficiency in service.

The Commission further observed that the opposite party's failure to stitch the shirt to the agreed measurements amounts to both a deficiency in service and an unfair trade practice. The refusal to alter the shirt or refund the payment, coupled with the failure to respond to the legal notice, shows a lack of accountability and professionalism.

While partly allowing the prayer made by the complainant, the Commission directed the tailor to refund 2,350 as the cost of shirt material and stitching charge , Rs.5,000/- as compensation and Rs.5,000/- towards the cost of the proceedings.

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