DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678 001, Kerala

Dated this the 26^th day of September, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC No.142/2008

1. Krishnadasan.C,

S/o.Bhaskara Menon,

Krishna Kripa,

Bhagavathi Nagar,

Industrial Estate.P.O,

Palakkad – 678731.

2. Vijayalakshmi.K,

W/o.Krishnadasan.,

Krishna Kripa,

Bhagavathi Nagar,

Industrial Estate.P.O,

Palakkad – 678731. - Complainants

Vs

M/s.Kalyan Silks,

R.S.Road, Opp. Town Railway Station,

Palakkad. - Opposite party

(By Adv.Redson Skaria)

O R D E R

By Smt.Seena.H, President

The case of the complainant in brief:

Complainants purchased a maroon colour silk saree worth Rs.2235/- from the opposite party shop vide Bill No.D18700 dtd.25/02/08. Thereafter the second complainant who is the wife of 1^st complainant wore this saree on 18/04/2008. The saree was folded and hung up in the wardrobe immediately on return. Complainant took the same saree to wear for another function in the month of June. At that time she found the saree with colour running in streaks destroying the integrity of the saree. On the very next day itself the matter was informed to the opposite party and complainant requested for replacement of the defective saree. Matter was not redressed even though complainant made several visits to the opposite party. Complainant caused a lawyer notice dtd.19/07/2008 to the opposite party for which opposite party replied denying responsibility. According to the complainants opposite party has supplied them a defective saree. Hence the complainants claim an

amount of Rs.5000/- as compensation for the loss and damage suffered by the complainants due to the defect in the goods supplied.

2. Opposite party filed version contending the following:

Opposite party admits the purchase of the saree by the complainant, but denies the fact that the saree supplied was a defective one. According to the opposite party, the defect noted is due to the mishandling of the same by the complainants. Complainant has purchased a silk saree which is usually washed by dry cleaning process. On examination of the saree it was found that the saree was washed in water and hence the colour change was caused. Opposite party is not liable for the act of the complainants and complaint is liable to be dismissed.

3. The evidence adduced consists of chief affidavit of both parties. Exts.A1 to A3 marked on the side of the complainants. Defective saree produced and marked as MO1. 1^st Complainant was cross examined. No documentary evidence on the part of the opposite party.

4. Now the issues for consideration are:

1. Whether the goods supplied by the opposite party is a defective one?

2. If so, what is the relief and cost?

5. Issues 1 & 2:

We heard both parties and has gone through the evidence on record. The definite case of the complainants is that the opposite party has supplied them a defective saree. But according to the opposite party, on examination of the saree it was found that the same was washed with water and so the colour change was caused.

6.On examination of MO1, it is clear that saree was never washed. Further the colour change was noted only at particular portion which makes it clear that it was never washed. “As per Section 2(1)(f) of Consumer Protection Act defect means any fault, imperfection, shortcoming in the quality, quantity, potency, purity, or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods”. From the evidence on record it is clear the opposite party has supplied a defective saree to the complainants and hence the complainants are entitled for compensation.

7. In the result, complaint allowed. Opposite party is directed to pay an amount of Rs.2,235/- (Rupees Two thousand two hundred and thirty five only) being the price of the saree to the complainants together with Rs.1,500/- (Rupees One thousand only) as compensation and Rs.500/- (Rupees Five hundred only) as cost of the proceedings. Order shall be complied within one month from the date of receipt of this order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation. Defective saree produced before the forum can be taken back by the complainants after the appeal period is over.

8. Pronounced in the open court on this the 26^th day of September, 2009

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witness examined on the side of complainants

PW1 – Sri.Krishnadasan.C

Witness examined on the side of opposite party

Exhibits marked on the side of complainant

Ext.A1 – Bill No.D-18700 dtd.25/02/2008 issued by opposite party

Ext.A2 – Copy of lawyer notice sent by complainant to opposite party

Ext.A3 – Lawyer notice sent by opposite party to complainant

Exhibits marked on the side of opposite party

Nil

Forum's exhibit

MO1 – Saree

Costs (Allowed)

Rs.500/- (Rupees Five hundred only) as cost of the proceedings