O R D E R

Called. Sri.V.M.K. for complainant appeared and submits the case of the complainant is to return Rs.78,538/- towards cost of the beds along with Rs.1 lakh as compensation and to pay cost of the proceedings and to grant such other reliefs.

        The case of the complainant is that on 16.11.2013 complainant purchased 5 items as per the invoice C1 for a value of Rs.1,37,919/- including 4 mattresses and pillows. Case of the complainant is that subsequent to purchase of the same complainant along with his mother started using the same. Due to the usage of the said bed the complainant along with his mother complained of back pain, neck pain etc., as such they approached a doctor and got treated for the same. The doctor who examined the complainant and his mother reports and is of opinion that the said pain reappear due to usage of mattresses as such the complainant filed this complaint praying for the reliefs as sought.

        Taking into consideration of the case in brief there is no grievance of the complainant that the mattresses purchased by him are suffering from any defects or there is manufactural defects. Only grievance is that while making use of the same complainant including his mother complained of back pain and other bodily pain. There is no assurance of the manufacturer or by the dealer with regard to these facts, they have given warranty card only against manufactural defects, they have not assured any physical health fitness by using the same or any demerits by using the same. Under those circumstances considering the prayer sought in the prayer column the grievance of the complainant is detrimental and  in consistently entirely different and is suffering from cause of action for the present complaint. On latent there does not show or exhibits any deficiency in service by either of the OPs. Under those circumstances the complaint is not maintainable. Hence complaint is dismissed as not maintainable. No order as to costs.