By G. Yadunadhan, President:

            The case of the complainant in brief is that complainant had purchased a color plus shirt for Rs.1495/- and another shirt for Rs.849/- from opposite party as per bill No.2354.  Within few days of purchase complainant noticed that holes had appeared on the color plus shirt.  Immediately it was intimated to the opposite party.  Opposite party agreed to replace the same.  But after repeated demands, opposite party refused to replace the above shirt.  Hence complainant approached this Forum and prays for directing the opposite party to refund an amount of Rs.1495/- and also a compensation of R.5000/- along with a cost of Rs.500/-.

            Opposite party entered in appearance and filed version denying the allegations made by the complainant.  Opposite party admitted the purchase of shirt on 22.2.2008 for Rs.1495/-.  But it was purchased under discount sale.  This thing is very clearly described in the bill as well as in the price tag attached to the shirt.   Usually certain items are selected for discount sale, which may have very minute defect.  Customer who purchases items from this counter must be told specifically that there may be such minute defect that was the reason for offering discount to those items.  This opposite party cannot replace the defective shirt as the complainant purchased the same knowing that there may be having some minute defects.  Therefore complaint is liable to be dismissed.

            Points for consideration:  Whether complainant is entitled to get any relief?  If so, what is the relief and cost?

            Complainant was examined as PW1 and Ext. A1 was marked.  The shirt produced before this Forum was marked as MO1.  MO! Produced and Forum noted the defects.  On judicial notice of MO1, a small visible hole was seen in the front side left bottom portion of the shirt.  After judicial notice MO1 returned to the complainant.

            Opposite party entered in appearance and filed version.  No oral or documentary evidence were adduced from the opposite party’s side. 

            Ext. A1 is the purchase bill.  No dispute regarding the purchase of MO1.  Opposite party is usually selling the material of reputed company like color plus.  Such circumstances, it should be a defect free material.   After receiving the amount of Rs.1495/-, it is the duty of the opposite party to deliver the defect free shirt to the complainant.  Such duty ignored by the opposite party in this case.  It is a clear negligent act on the part of the opposite party and also an unfair trade practice.  Under these circumstances, we are of the opinion that the complainant is entitled to get back an amount of Rs.1495/-, the cost of the shirt, along with a compensation of Rs.1000/-.

            In the result petition is allowed and the opposite party is directed to return an amount of Rs.1495/- towards the cost of the shirt and a compensation of Rs.1000/- with no cost to the complainant.  Comply the order within 30 days on receipt of the copy of this order.

            Pronounced in open Court this the 30^th day of April 2009.

                                                Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1        Bill No. 2354 dated 22.2.2008 for Rs.1970/-.

Documents exhibited for the opposite party:

Nil.

-/True copy/-

Sd/-President

(Forwarded/by Order)

Senior Superintendent.