By G. Yadunadhan, President:

            The case of the complainant is that he purchased a Churidar material worth Rs.2150/- from the opposite party for his wife and entrusted the same to the tailoring shop for stitching.  The purchase of the above material was for the purpose of a marriage function.  After that it was given for dry wash.  After dry wash it is seen that the colour of the material is partially faded and torn.  On 24.8.2007, complainant came to the shop of the opposite party with the materials for showing the changes occurred to the material.  But the opposite party shouted upon the complainant in an indecent manner in the presence of other customers.  On 6.9.2007 complainant sent a lawyer notice to the opposite party.  But opposite party failed to respond it.

            Opposite party entered in appearance and filed version.  Opposite party admits the purchase of the material but states about his ignorance of stitching and using the material and also denies the facts of the fading of colour.  Opposite party denies the arrival of the complainant on his shop on 24.8.2007.  Opposite party further pleads non-joinder of necessary party like Cristal Shine, dry cleaning institution in the opposite party array and if any defects caused to the churidar, it is due to the dry washing and opposite party never sold defective good to the complainant.

            Complainant was examined as PW1 and Ext. A1 and A2 were marked.  Complainant produced Churidar and the same is marked as MO1.

            This Forum takes judicial notice on MO1 and found the colour of the Churidar is faded and torn.  After marking, the same is returned to the complainant.  For disproving the claim of the petitioner, opposite party failed to produce any contra evidence.  Hence petitioner succeeds in proving his case.  Therefore, this Forum finds that it is the duty of the opposite party to clear the defects in the material, supplied by him.  Hence the complainant is entitled to get relief.

            In the result the petition is allowed and the opposite party is directed to replace the defective MO1 Churidar worth Rs.2150/- and also to pay a compensation of Rs.2000/- with cost of Rs.250/- to the complainant.

            Pronounced in open Court this the  19^th  day of January 2009.

                                                Sd/- President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1        Retail Invoice dated 18.6.2007 for Rs.2150/-.

A2            Photocopy of Lawyer notice dated 6.9.2007 along with Postal registered receipt

            And acknowledgement card.

Documents exhibited for the Opposite party:

Nil.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.