By G. Yadunadhan, President:

            The case of the complainant is that the complainant had purchased a saree for Rs.695/- from the opposite party.  After purchasing the saree, complainant came to know that the saree was a defective one.  Hence complainant is seeking relief against the opposite party to take back the defective saree and to return the amount along with compensation.

            After serving notice, opposite party was called absent and set exparte.

            Complainant filed affidavit and she was examined as PW1.  Ext. A1 was also marked on the side of the complainant.  Complainant produced defective saree before the Forum and marked it as MO1. After verification of the saree Forum was convinced of the defects occurred in MO1.  After noticing the defect, MO1 was returned to the complainant. 

            While examining the complainant as PW1, she deposed  that on 6.4.2009, she purchased the saeree from the opposite party’s shop and used it only one time and on that day itself she noticed the defect.  Even though she intimated the opposite party about the defects occurred in the saree, opposite party did not care to replace the saree or to return the amount.  Hence the complainant approached  this Forum to get redresses her grievance.

            Even after receiving the notice, opposite party did not  turne up.  Complainant filed affidavit.  From the affidavit and from the documents, complainant’s case is proved. 

            In the result petition is allowed and the opposite party is directed to return an amount of Rs.695/-, the actual value of the saree and also to pay an amount of  Rs.400/- as compensation along with a cost of Rs.200/- to the complainant.  Comply the order within one month on receipt of the copy of this order.

            Pronounced in open Court this the 31^st day of July 2009.

                                    Sd/-President                           Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1        Bill dated 6.4.2009 issued by the opposite party.

Documents exhibited for the opposite party:

Nil.

Witness examined for the complainant:

PW1     Shyni George, D/o. Thomas N.S., Kuruvamplackal House, Kodenchery, Calicut.

Witness examined for the opposite party:

None.

-/True copy/-

Sd/-President.

(Forwarded/by Order)

Senior Superintendent.