By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant is aggrieved that a saree purchased on 20-8-2006 from opposite party shop for Rs.450/- is defective. On the first use itself colour ran and she approached opposite party requesting for refund or replacement. Opposite party refused and hence the complaint.<br /> <br /> 2. Opposite party filed version admitting the purchase of textiles on 20-8-2006 but disputes the purchase of saree worth Rs.450/-. It is contended that the saree is a fancy saree and there is no guarantee for colour or jerry. That complainant never approached opposite party for replacement. That complaint is liable to be dismissed.<br /> <br /> 3. Evidence in this case consists of affidavits filed by either side. Exts.A1and A2 marked on the side of complainant. MO1 series is the saree and blouse. No documents marked on the side of opposite party. Either side has not adduced any oral evidence.<br /> <br /> 4. Points that arise for consideration are:-<br /> (i) Has opposite party committed any unfair trade practice? <br /> (ii) If so, reliefs and costs.<br /> <br /> 5. Point (i):- Complainant alleges that a saree worth Rs.450/- is defective which was purchased on 20-8-2006 along with several other items. Ext.A1 and A2 are the bills issued on 20-8-2006. Opposite party admits Ext.A1 and A2 and the items purchased on 20-8-2006. Opposite party resists the claim on the ground that complainant has not purchased any saree costing Rs.450/-. Opposite party relies upon Ext.A1 and A2 bills which does not include any saree costing Rs.450/-. Complainant filed affidavit affirming that the price of the alleged saree is Rs.614/- and that she committed a mistake in quoting the price while filing the complaint. As per Exts.A1and A2 it is seen that complainant has purchased 88 items on 20-8-2006. Out of these19 items are sarees with different price range. From the evidence tendered by complainant we are able to conclude that complainanthas committed a mistake in quoting the price of the saree in the complaint. MO1 which is the saree and blouse was produced before the Forum by complainant. On examination we find that it is a new saree and the colour is spread all over. It is unfit for use further. It appears to be of the price stated in the affidavit. Opposite party contends that being a fancy saree there is no guarantee and that complainant has never brought the saree to the shop alleging defect. The old idea of 'caveat emptor' has yielded to the purchaser's right to get a defect free article, for which due consideration has been paid. Even if there is any delay in taking the goods to the seller it does not take away the rights of the buyer to get defect free goods, for which due consideration has been paid. We hold that the act of opposite party in selling substandard article amounts to unfair trade practice. This point found in favour of complainant.<br /> <br /> 6. In the result, we allow this complaint and order opposite party to refund an amount of Rs.614/- (Rupees Six hundred and fourteen only) to complainant within three weeks from the date of receipt of copy of this order. In the circumstances there is no order as to costs. MO1 saree and blouse shall be returned to opposite party after appeal time on his making an aplication for the same. <br /> <br /> Dated this 30th day of January, 2008 .<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A2<br /> Ext.A1 series : Photo copy of the bill No.15087 dated, 20-8-2006<br /> Ext.A2 series : Photo copy of the bill No.15088 dated, 20-8-2006<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> Court document marked on the side of the complainant : MO1<br /> MO1 : Alleged saree and blouse.<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />