DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 53 OF 2017
Bijayalaxmi Sarangi ( 47 Yrs.),
W/O: Loknath Sarangi,
R/O: Karpabahal Chowk, Maa Brudhashram,
PO- Sarandamal, PS: Banhapali,
Dist- Jharsuguda, Odisha,……………………………..……..……..……. Complainant.
Versus
Proprietor,
Anita Cloth Store, Main Road Jharsuguda ,
PO/PS/Dist: Jharsuguda, Odisha……………….…................................ Opp. Party.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party Sri D.K.Jain, Adv. & Associates.
Date of Order: 02.08.2017
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
3. Smt. A. Nanda, Member (W).
Shri S.K.Ojha, Member: - The brief facts of the consumer complaint is that, the complainant purchased one Sambalpuri Saree worth of Rs.8,500/- only from the O.P. The complainant kept the saree at her home and used after three months of purchase. After using of 3 to 4 hours the said saree discolored from white to blue. The complainant informed to the O.P and as per the advice of O.P. the complainant dry washed the said saree and found it was damaged. The complainant returned the said saree against a written receiving from the O.P, but till date the O.P neither gave her new saree nor refunded its price, hence this case
Being noticed through this Forum, the O.P. appeared and filed written version denying all the allegations of complainant and submitted that the complainant had never purchased any saree from the O.P and filed a false case alongwith false affidavit and prayed for dismissal of the case.
Heard from the parties, gone through the case record. The complainant who said to purchased one Sambalpuri saree amounting Rs.8,500/- only has failed to produce the Money Receipt / Cash Memo issued by the O.P but has filed an Affidavit along with an Affidavit of one Renu Devi, wife of Manikchand Thakur of Bandbbahal, Ps-Banharpali, District-Jharsuguda who witnessed on purchasing of the said saree. The complainant also filed a copy of receipt of the said damaged saree issued by the O.P dtd. 07.03.2017. The O.P vehemently objected on selling of any saree amounting Rs.8,500/- only on dtd. 07.03.2016 as alleged by the complainant and filed the original Book of Money Receipt / Cash Memo bearing serial number from 4801 to 5200. The said Book of Cash Memo started from dtd.26.02.2016 and as per the submission of O.P, there was no any transaction amounting Rs.8,500/- only on dtd. 07.03.2016 (as reflected in the carbon copy of Cash Memo). But it is astonished that till date the said book of cash memo has not filled up i.e. a number of cash memos are still lying blank. On the said book of Cash Memo the last transaction taken place on dtd. 15.03.2016 bearing cash memo no. 5143. The cash memo bearing serial no. 5144 to 5200 are still blank which reveals mainly two reasons that either no any sales transaction made after dtd.15.03.2016 till date or the O.P maintains some other sales record. Whatever may be, but it is almost impossible that after dated 15.03.2016 no any sales transaction are being done till date.
In the above limelight, it is crystal cleared that the O.P has adopted unfair trade practice towards the complainant and the complainant is entitled to get compensated. Hence this Hon’ble Forum inclined to allow the complaint petition with following directions to the O.P as follows;
ORDER
The O.P is hereby directed to replace the defected Sambalpuri Saree of complainant and give a defect free new Sambalpuri Saree amounting Rs.8,500/- (Rupees eight thousand five hundred) only or refund Rs.8,500/- ( Rupees eight thousand five hundred) only towards the price of the said saree along with pay a sum of Rs.2,000/- ( Rupees two thousand) only to the complainant towards harassment, mental agony including litigation costs within one month from the date of receipt of this order, failing which the O.P shall be liable for interest @ 10 % per annum on the above mentioned awarded amounts till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 2nd day of August’ 2017, copy of this order shall be communicated to the parties as per Rule.
I Agree. I Agree.
A.Nanda, Member ( W) S.L.Behera, President S.K.Ojha, Member
Dictated and corrected by me.
S.K.Ojha, Member .
