By. Smt. Renimol Mathew, Member:-
Brief of the complaint: The complainant's case is that he purchased various items of cloths worth Rs.43,504/- from opposite party's shop in connection with the marriage of his son. Out of that two sarees found defective, one is the second saree gifted to the Bride worth Rs.4,150/- and another saree worth Rs.595/-. These two sarees were purchased for bride. After two hours of use the colour of the saree has gone and it was not in wearable condition. On 01.06.2013 complainant reported this to opposite party, opposite party collected the second saree worth Rs.4,150/- and assured to replace the same. Complainant contacted the opposite parties many times but he behaved in an indecent manner and refused to replace the sarees. The second saree gifted to the bride during marriage is having some emotional attachments and values. Still the saree is with opposite party. Complainant alleges that opposite party supplied substandard products to them and the act of the opposite party is clear unfair trade practice and he prays for an order to return the cost of the sarees with compensation.
2. Notice sent to opposite party returned unclaimed. So opposite party is set ex-parte and proceeded with the case.
3. On considering the complaint and affidavit the following points are to be considered:-
1. Is there any unfair trade practice on the part of opposite party?
2. Relief and Cost.
4. Point No.1:- To prove complainant's case he is examined as PW1 and Ext.A1 series were marked. Ext.A1 series are the Bills received from opposite party's shop dated 15.04.2013. Perusal of Ext.A1 series documents reveals that on 15.04.2013 complainant purchased textiles worth Rs.43,504/- from opposite party's shop. This bill includes saree worth Rs.4,150/- and Rs.595/- and complainant alleges that this two sarees became useless after few hours use, also emotional value of the second saree is very important. Complainant further alleges that opposite parties sold substandard and useless products to the complainant and not even ready to replace it with new one, now the saree is with opposite party for the last three months. There is no evidence to the contrary. So we find that this is clear unfair trade practice on the part of opposite party. Point No.1 is found accordingly.
5. Point No.2:- Complainant is entitled to get back the price of the sarees with compensation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed. The opposite party is directed to return the cost of the sarees that is Rs.4,745/- (Rupees Four Thousand Seven Hundred and Forty Five) only with 12% interest from the date of purchase that is on 15.04.2013. Opposite party is alsodirected to pay Rs.2,000/- (Rupees Two Thousand) only as cost and compensation. Complainant is directed to return the other saree also to opposite party. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of September 2013.
Date of Filing:02.07.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Baby. Complainant (Affidavit).
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1(Series). Bills(4 Nos). Dt:15.04.2013.
Exhibits for the opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
