BEFORE THE BENGALURU RURAL AND URBAN I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM , I FLOOR, BMTC, B BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHI NAGAR, BENGALURU-27 | PRESENT SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT | SRI.H.JANARDHAN, B.A.L., LL.B., MEMBER |
|
|
Complaint Case No. CC/2048/2017 |
| | 1. Vivek Deveshwar | Aged about 45 years, S/o.Sri. O.P.Deveshwar, AW2, Fern Saroj, 7th Cross, L.B. Shastri Nagar, Bangalore -17 Mobile. 9886368480. |
| ...........Complainant(s) | |
Versus | 1. Fashion Adventure, | 10/1, Kundlia towers, 3rd Cross, H.Siddaiah Road, Sudhama Nagar, Bengaluru, Karnataka -27. Phone .918022277075. |
| ............Opp.Party(s) |
|
|
|
BEFORE: | | | HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B., PRESIDENT | | HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B., MEMBER | | HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B MEMBER | |
|
For the Complainant: | For the Opp. Party: | |
Dated : 24 Jul 2017 |
Final Order / Judgement | CC.No.2048/2017 Dated:24.07.2017 Heard the arguments of the complainant on admission. Perused the complaint and its annexures. It is the specific case of the complainant that, he purchased the shirts from the O.P and noticed the defect in the said shirt when he was back at his home. The defect was that the shirt had on the inside of the collar different pattern cloth for left half vs right half of collar. Since it was the inside the collar and not visible easily, hence alleged that it look very odd if worn and so he decided to exchange it from the store at Thippasandra. The shirt he got in exchange and once again found to have a defect in that it had a red thread in the seams near shoulders on back side of shirt which was inexplicable since the shirt was yellow in colour and there was also a dell looking black spot near the red thread. Hence the complainant decided to exchange the shirt with another, whereas the store saleman or manager assured that it was a minor thing and will definitely go away after washing. Hence the complainant got the shirt washed first before wearing it. However he found that black spot are was very much present in the shirt after the wash also. Hence this complaint. It is pertinent to note that, the complainant noticed some black spot on the shirt at his home and hence exchanged it but he has found some black spot on the collar and thereby he washed the said shirt, but black spot remained in the collar. Therefore, once the shirt is washed by the complainant how can the complainant will go for exchange of the shirt with the O.P store and no prudent man will take back the said washed shirt for exchange or to refund the amount. On perusal of the entire pleadings complainant did not make out any prima-facie ground to admit the complaint. Under the circumstances by invoking the powers conferred under Section 12(3) of the Consumer Protection Act, the complaint is hereby rejected. | |
|
| [HON'BLE MR. SRI.SYED ANSER KHALEEM, B.SC., B.ED., LL.B.,] | PRESIDENT
| | [HON'BLE MRS. SMT. BHARATI.B.VIBHUTE. B.E., L.L.B.,] | MEMBER
| | [HON'BLE MR. SRI.JANARDHAN.H MEMBER B.A., L.L.B] | MEMBER
| |