Kerala

Malappuram

OP/04/75

SHARATHA,VATTIPARAMBATH HOUSE - Complainant(s)

Versus

PROP. DARSHANA TEXTILES,KGST No.32112322 - Opp.Party(s)

07 Mar 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. OP/04/75

SHARATHA,VATTIPARAMBATH HOUSE
...........Appellant(s)

Vs.

PROP. DARSHANA TEXTILES,KGST No.32112322
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant is aggrieved that sarees purchased from the shop of opposite party are defective. She prays for replacement of sarees and compensation of Rs.2000/-. Opposite party filed version denying the allegations in the complaint. It is submitted that the complaint is vague and is filed only on experimental basis to extract money. That complaint is liable to be dismissed. 2. Evidence consists of affidavits filed by both sides. Exts.A1 and A2 marked. MO1 to MO4 marked on the side of complainant. NO documents marked on behalf of opposite party. 3. Ext.A1 and A2 are the bills for the purchase of textiles from the shop of opposite party. It includes purchase of sarees also. According to complainant in connection with marriage of her nephew on 6-3-2004, she purchased textiles from the shop of opposite party for Rs.15,166.45. The sarees purchased were defective for the reason that the 'Kasavu' became crushed on the first use itself. Opposite party resisted the claim mainly on the ground that complainant is vague. Even in the affidavit complainant has not specified the price of each saree alleged to be defective. MO1 to MO4 are the four sarees produced by complainant. On examination we could not find much defect for the sarees. One saree appeared to be crushed. We hold that a compensation of Rs.500/- would serve justice to the complainant. 4. In the result, complaint allowed and we order opposite party to pay a sum of Rs.500/- (Rupees five hundred only) to complainant along with cost of Rs.200/- (Rupees two hundred only) within three weeks from the date of receipt of copy of this order. MO1 to MO4 shall be returned to complainant after appeal time on making an application for the same by her. Dated this 7th day of March, 2008. C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 and A2 MO1 to MO4 Ext.A1 : Bill No.32684 dated, 28-01-04 issued by opposite party to complainant. Ext.A2 : Bill No. 32946 dated, 29-01-2004 issued by opposite party to complainant. MO1 : Saree. MO2 : Saree. MO3 : Saree. MO4 : Saree. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI