Date of filing : 24-02-2012
Date of order : 30-05-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 48/2012
Dated this, the 30th day of May 2012
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Madhusoodanan, } Complainant
S/o. K.Narayanan Nair, Near SMA UP School,
Panayal.Po, Hosdurg Taluk
(In Person)
Kuttyachan, Manager cum Proprietor, } Opposite party
Soorya Silks, Near Ashok Hotel,
Caltex Junction, South Bazar, Kannur.
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Sri.Madhusoodanan is that he purchased 16 Sarees from opposite party for `52,000/- on 26-03-2011 in connection with his marriage. Opposite party promised high quality materials and moderate price. Complainant presented 13 Sarees out of 16 to his close relatives. But the colour of the Sarees diffused and spread over the body of the ladies while sweating. They refused and thrown the sarees to the face of the complainant. Complainant suffered financial loss, mental agony and damages to reputation. Complainant approached opposite party’s branch at Kanhangad, which is very near to him they accepted one saree and informed that they will send it to the manufacturer and refund the entire amount. Thereafter the complainant telephoned opposite party on several times and approached Kanhangad branch but opposite party’s staff moked at him. Hence the complaint for necessary redressal.
2. Opposite party remained absent inspite of receipt of notice. Name of opposite party called absent and set exparte.
3. Complainant filed affidavit in lieu of chief-examination. Exts A1 to A3 marked. Heard the complainant and documents scrutinized.
4. The facts of the case is that complainant purchased dress materials including 16 sarees from opposite party’s shop at Kannur on 26-03-2011. Opposite party promised high quality materials at moderate price and guaranteed the colour. Complainant purchased dress materials for his wedding. Ext.A1 series is the bill issued by opposite party to the complainant. Complainant presented 13 sarees out of 16 to his close relatives. They weared the sarees on his marriage, while sweating the colour of the sarees spread over the body of ladies who wear them. They raised against the complainant for presenting such low quality materials. One of lady Sreelatha who was in advanced stage of pregnancy weared the saree and blue colour spread over the body which created panic without sensing the spreading of colour from saree, was taken to the hospital and undergone scanning. The complainant approached opposite party’s shop at Kanhangad and narrated all these unfortunate incidents. They accepted one saree and informed that they will send it to the manufacturer and refund the entire amount. Thereafter the staff of opposite party was moking the complainant. Complainant sent a lawyer notice Ext.A2 demanding the price of the damaged sarees and compensation for loss of reputation and mental agony. Opposite party received the notice. Ext.A3 is the postal acknowledgment. Complainant purchased dress materials for a total amount of `52,000/- out of which he demanded only the price of the damaged materials i.e. `10,445/- Complainant produced Ext.A1 series, which is a material evidence for his purchase. He sent a lawyer notice on 26-05-2011 but opposite party evaded the notice. Consumer has every right to know the quality of the products he purchased. Here the opposite party assured and guaranteed the quality. But opposite party was misleading the complainant to purchase from his shop and thereby exercising unfair trade practice. Opposite party is bound to replace with high quality materials but he failed to provide sufficient service, when the complainant approached his shop at Kanhangad. This shows deficiency of service on the part of opposite party. Opposite party is liable to compensate the loss suffered by the complainant and refund the price of damaged sarees.
5. Hence we are of the view that the complainant is entitled to get refund of `10,445/- with a compensation of `3,000/- and cost of `3,000/-.
In the result, complaint is allowed and opposite party is directed to refund `10,445/- to the complainant with compensation of ` 3,000/-and cost of `3,000/- within 30 days from the date of receipt of copy this order. Failing which `10,445/- will carry interest at 9% from the date of purchase till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Series Bills issued by Surya Silks, Kannur.
A2. 26-05-2011 copy of lawyer notice.
A3. Postal acknowledgement card.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERITNEDENT
