Per Shri S.B.Mhase, Hon’ble President :

        Heard both the sides.  This appeal can be disposed of finally with the consent of the parties.  The appellant before this Commission is an original complainant while the respondents are the org.opponents.  Complainant had filed a consumer complaint bearing no.250/2005 before District Consumer Disputes Redressal Forum, Pune as against the opponents.  The grievance of the complainant is that he has purchased eight pieces of trousers from the opp.party on 26/08/2004 for amount of Rs.11,830.80.  Thereafter he stitched trousers and paid Rs.1,560/- towards stitching charges.  Later on after use of the trousers, he found that fabric which was supplied was having pilling problem and bubbles and therefore, he made grievance to the opponents.  Opponent did not pay any heed to it and therefore, consumer complaint is filed.

In para 7 of the order passed by District Consumer Disputes Redressal Forum, it has been observed that “ We find that there is   pilling problem at the central point of the trouser.  The same is not spread over on the entire trouser.  It is located at the central point and therefore we cannot ipso-facto jump to the conclusion that it is a manufacturing defect”.  It is admitted position on record that grievance of the complainant was in respect of defective fabric which was supplied to him by opponent and therefore, it is a case of defective goods.  Whenever there is a case where the complainant alleges defect in the goods and said defect cannot be determined without proper analysis or test of the goods, the District Consumer Redressal Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed  and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory shall make an analysis or test, whichever may be necessary, with a view to find out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of forty-five days from the receipt of the reference or within such extended period as may be granted by the District Forum.  This is a procedure laid down under Section 13(1)(c) of Consumer Protection Act, 1986.  Said procedure has not been followed by the District Consumer Disputes Redressal Forum while deciding the consumer complaint.  To find out the defect in the fabric, expert opinion in the textile field should have been obtained and thereafter, complaint should have been decided.  What we find that such procedure ws/is not followed and therefore, order passed by the District Consumer Disputes Redressal Forum is defective and not sustainable in law. Therefore only alternative left with us is to set aside the order and remit the complaint back to the District Consumer Disputes Redressal Forum.  District Consumer Disputes Redressal Forum is directed to follow the procedure laid down under Section 13 more specifically, clause (1) (c) of Consumer Protection Act, 1986.  Therefore we allow the appeal, set aside the impugned order and remit the complaint back to the District Consumer Disputes Redressal Forum.  Hence we pass the following order:-

                                        :-ORDER-:     

1.     Appeal is allowed.

2.     Impugned order is hereby quashed and set aside.

3.     District Consumer Disputes Redressal Forum is directed to take defective material in its custody, seal it and send it to the expert for opinion.  Parties shall provide names of the approved laboratory in the field for the said purpose.  Said laboratory may be instructed to submit the report within 45 days so as to dispose of the case as early as possible.  With these directions appeal stands disposed of. 

4.     Parties are directed to appear before District Consumer Disputes Redressal Forum on 09/08/2010.

5.     Dictated on dais in presence of parties.

6.     Copies of the order herein be furnished to the parties as per rules.