PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.20/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Jinesh Kumar Babu,

S/O- Amulya Kumar Babu,

R/O-Sadasingha, Po/Ps-Sason,

Dist-Sambalpur-768200.                                               .……….......Complainant.

Vrs.

1. Sambalpuri Handloom Centre,

Pujari Popular Store, Gaity Road,

Sambalpur, Po/Ps/Dist-Sambalpur-768001.

2. Susanta Pujari,
3. Aswini Pujari,

Both 2 & 3 S/o-Krutartha Pujari

R/O-Gaity Road, Pujari Popular Store, Sambalpur,

At/Po/Dist-Sambalpur-768001                                      ...……….Opp. Parties

Counsels:-

1. For the Complainants                  :-         Sri. G.P. Lal & Associates
2. For the O.P. No.1 & 2                  :-         Sri. R.K. Maharana & Associates
3. For O.P. No.3                               :-         None

Date of Filing:17.02.2023, Date of Hearing :26.09.2023, Date of Judgement : 31.10.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a silk saree of Rs, 23,029/- with the assurance of the O.Ps that in case of any damage the saree will be exchanged. The O.Ps issued cash memo No. 654 dated 06.02.2022. After four months when the saree was sent for dry wash the saree became faded and discoloured. When it was shown to the O.Ps the O.Ps assured to send it to the manufacturer and after some days when Complainant visited the O.Ps they expressed their inability to exchange. Being aggrieved Complainant was filed.
2. The O.P. no.1 & 2 appeared and filed version and admitted the sale of saree for Rs. 23,029/- and grant of cash memo No. 654 dated 06.02.2022. The Complainant is bound on the terms and conditions in the cash memo. The saree was to be washed through petrol. The date and month of wash has not been mentioned. To defame the O.Ps complaint has been filed. The O.Ps are not liable for the negligent act of the Complainant.
3. Perused the documents filed by the Complainant. Cash memo No. 654 dated 06.02.2022 has been issued by the O.Ps. Further the Complainant has filed the photograph of the saree which is faded and discloured. The O.Ps have not filed any documents and admitted that saree has been sold is owned and run by O.P. no.2. As notice of O.P. no.3 returned unserved, the O.P. no.3 has not been issued with further notice on the admission of O.P. no.2.
4. In the cash memo terms and conditions have been laid down by the O.P. In case of silk saree pure dry  clean only be made and goods sold can be exchanged within 15 days with bill. In the present case the Complainant admitted that after four months the O.Ps were contacted when the saree became defective. It means in the month of June 2022 O.Ps assured to return it to the manufacturer but after that it was denied.

In a case of Sambalpuri silk saree the colour and weaving texture is guranted by the seller as it is collected from the weavers of the locality. The O.Ps have not disclosed the name of the weaver who manufactured it or the dyer which is supposed to be disclosed in the version. The O.Ps have taken the risk of the saree in their hand while selling. Mere writing a condition in the cash memo is not sufficient, with the assurance of the sellers of saree, the saree has been purchased by the Complainant but the O.Ps denied to exchange although knowing fully well that the colour texture of the saree is defective. Mere denying the allegations are not sufficient. The O.Ps not heard the complaint of the Complainant within a reasonable time. Silk sarees are for occasional use by the ladies and when it was used for dry wash sent for cleansing. No doubt the Complainant has not submitted the receipt of the dry cleaner but costly silk sarees are generally dry cleaned by the user.

Taking into consideration the circumstances of the case as the O.Ps failed to provide proper service and not exchanged the defective product it amounts to deficiency in service. Further name of the weavers/dyers have not been disclosed. Accordingly, following order is passed:

ORDER

The Complaint is partly allowed on contest against the O.P. no.1 & 2. The O.P. no.1 & 2 are directed to exchange a silk saree of same design and cost to the Complainant within one month of this order failing which the O.P. no.1 & 2 shall be liable to refund the amount of Rs. 23,029/- with 12% interest till realisation. No cost and compensation.

Order pronounced in the open court on this 31^st day of October, 2023.

Supply frees copies to the parties.