By Sri. K. Gheevarghese, President:<br /> <br /> <br /> The complaint filed under section 12 of the Consumer Protection Act. <br /> <br /> <br /> The sum up of the complaint is given below.<br /> <br /> <br /> The Complainant purchased one Saree from the Opposite Party on 31.10.2006 as per the bill No.08900 at the price of Rs.1,540/-. The Saree was used one and up on washing it shrank. The Complainant returned back the Saree to the Opposite Party whereas it was assured by the Opposite Party that will be substituted within one week. The Complainant was also informed that the Saree given by him was sent to the Company for exchange. Regarding the exchange of the promised Saree by the Opposite Party a letter was sent to the Complainant on 13.11.2006. An another letter was sent by the Opposite Party to the Complainant dated 07.01.2007 in which it is asserted that half price would be refunded. The Opposite Party is not <br /> Contd......2)<br /> 2<br /> ready to replace the Complainant any other Saree instead of the Saree which shrank on washing nor the cost of the Saree is refunded. Saree in exchange on the cost of the Saree is not refunded. The sale of the Saree of low quality to the complainant is an unfair trade practice. The Complainant is to be refunded the price of the Saree Rs.1,540/- along with the cost of Rs.1,000/-.<br /> <br /> 2. The Opposite Party filed version on their appearance. The purchase of the Saree at the price of Rs.1,540/- from the Opposite Party's shop is admitted. The Saree purchased by the Complainant belongs to Fancy category. The sequence in the Saree are dropped off and the Saree lost is structure etc. are denied. The Complainant returned back the Saree along with a complaint on 08.11.2006. There was no assurance from the part of the Opposite Party as such an Saree will be given in exchange is denied. The Opposite Party collected Saree from the Complainant and it was sent to the manufacturer. A letter in that respect was sent to the <br /> Complainant on 13.11.2006. The Saree purchased by the Complainant belongs to the fancy<br /> item and it is provided with a tag describing the usage of it. The Saree given back to the Opposite Party was not provided with any “sale tag”. It is noted in the tag that “embroidered and fancy materials to be dry washed” and there is no guaranty for the sequence or any such fancy work. The Complainant used the Saree continuously for 7 days in rough and negligent manner. Apart from that instead of dry washing the Complainant washed the Saree by hand. The Opposite Party is a customer friendly dealer. In due consideration of it the Opposite Party received back the Saree sold to the Complainant in order to sent it to the manufacturer. The manufacture on other side rejected the request on the ground that the Saree was in constant use and became dirt and more over the blows piece attached the Saree is cut and removed. Because of these reasons the claim of the Opposite Party is rejected by the Manufacturer. The Opposite Party made an offer to the Complainant that they are ready to give half of the purchase price and it is nothing but symbol of customer friendly relationship with the <br /> Contd.......3)<br /> 3<br /> consumer. In normal case the complainant is not entitled to get any relief from the Opposite Party. The complaint is to be dismissed with cost to the Opposite Party.<br /> <br /> 3. The points in consideration are.<br /> 1.1) Is there any unfair trade practice in the transaction of the Opposite Party?.<br /> 2) Relief and cost.<br /> <br /> 4. Point No.1: The Complainant is examined as PW1. Ext.A1 is the cash bill issued to the Complainant on 31.10.2006. The Saree was received back by the Opposite party on 8.11.2006 it is the Ext.A2. The receipt given to the Complainant on acceptance of Saree by the Opposite Party is the Ext.A2. The Opposite Party sent the defective Saree to the Manufacturer and the letter given in that respect is Ext.A3. The Opposite Party already agreed that half of the purchase price of Rs.770/- is ready to be given to the Complainant. The Opposite Party is examined as OPW1. The Saree purchased by the Complainant is marked as MO1. The Opposite Party on examination deposed that when the Saree was given back it contains dirt. If on washed normally there is no chance of dirt in the cloth. The Opposite Party is not in the custom of taking back the sold article unless it is known to them that the damage caused is not because of the negligent use of the cloth by the be caused by the customer. The Saree is taken back by the Opposite Party considering the demand of the Complainant is appropriate and correct. Thea Opposite Party has decide to give an another Saree instead of the damaged one. The Complainant had given back the Saree after 7 days to the Opposite Party. The fancy works are dropped off from the clothing and more over the Saree become shrank in use. The claim of the Complainant for replacement was rejected on the ground that blouse is cut off from the and the Saree turned dirty. The MO1 is in normal use of the complainant at least for a period of 7 days and more over the opposite party received back the Saree from opposite party on the preponderance of<br /> Contd.....4)<br /> <br /> 4<br /> probability. From the above inferences it can be presumed that the Saree sold to the Complainant is defective. The Opposite Party has done unfair trade practice is selling the defective articles to the Complainant. The point No.1 is found in favour of the Complainant.<br /> <br /> 5. Point No.2: The cost of Saree as per Ext.A1 is Rs.1,540/-, the Complainant used the Saree only for the period of one week and given it back. The Opposite Party already agreed to give Rs. 770/- to the Complainant. The article purchased by the Complainant was give back to the Opposite Party within shorts span of 7 days. The Complainant is entitled to receive back the amount given towards the price of the Saree along with cost. <br /> <br /> In the result, the complaint is partly allowed. The Opposite Party is directed to refund the price of the Saree Rs.1,540/- (Rupees One thousand Five hundred and Forty only) to the Complainant along with the cost of Rs.500/- (Rupees Five hundred only) within one month from the date of this order.<br /> <br /> <br /> Pronounced in open Forum on this the 23rd day of April 2008.<br /> <br />