th June 20092
Rs. 350/- towards printing charges. After opening the saree the complainant found
that the Radha Krishna design was not printed on the sarre instead of that he
printed some flowers which is not selected by the complainant. Immediately she
questioned about the non printing of selected design but the respondent gave evasive
reply which caused much mental agony to the complainant. She returned home and
attended the relatives function by wearing another saree. The complainant issued
legal notice through advocate on 11-6-2008 as the respondent caused much mental
agony to the complainant. The complainant alleged deficiency of service on the part
of the respondent. Hence, this complaint.
3. The respondent filed a counter stating that the complainant has
purchased pattu saree worth of Rs. 1,000/- in April 2008 with an intention to wear
the same by printing the design of Radha Krishna is false and the printing charges
are not more than Rs. 300/-. The cost of saree mentioned by the complainant as
Rs. 1,000/-. Whereas, the document No. 1 i.e. saree bill indicates that she
purchased pattu cloth worth of Rs. 1,134/- to unnamed customer. The respondent
denied that the complainant has not purchased the pattu saree under Ex. No. 1. The
respondent denied that the complainant approached the respondent on 22-4-2008
and requested to print the design of Radha Krishna on saree and he accepted for the
same are all false and invented. The respondent further stated that he is running a
small scale business of saree printing and employed poor women by giving some job
work and maintaining the printing business. There is no any single complaint on the
printing. The complainant along with her daughter approached the respondent for
printing of design on the said saree. She selected one design by name Radha Krishna
the design would called as Radha Krishna. But it does not contain the pictures of
god and goddess of Radha Krishna, and further stated that no one will wear the saree
of god and goddess pictures printing on the saree. The complainant visited the shop
C.C. No. 20 of 20093
and took the saree after satisfying herself she paid the printing charges of Rs. 350/-
and took the saree without any arguments. But surprisingly she issued legal
notice for which they sent reply to the said notice. The respondent stated that there
is no deficiency of service on the part of the respondent and they are not liable to pay
any compensation to the complainant.
4. On behalf of the complainant Ex. A1 to A4 were marked and no
documents were filed and marked on the side of the respondent.
5. On the basis of the above pleadings the following points are settled for
determination.
i. Whether the complainant is entitled to receive the cost of the saree
along with printing charges from the respondent?
ii. Whether there is any negligence and deficiency of service on the
part of the respondent?
iii. To what relief?
6. Point No. 1 & 2 Heard both sides and perused the records available
with the forum and the forum made the following order. The complainant purchased
one Pattu Saree worth of Rs. 1,000/- in the month of April 2008 with an intention to
wear the said saree in the function of her nearest relatives. Ex. A1 is Xerox copy of
saree bill dt. 21-4-2008 with an intention to print some design on the saree she
approached the respondent and she selected one Radha Krishna design and accepted
to pay Rs. 350/- towards printing charges. She handed over saree to the respondent
with a request to give the saree on or before 22-5-2008. She approached the
respondent on 22-5-2008 for delivery of the printing saree. She paid Rs. 350/-
towards printing charges and took the saree and after opening the saree she noticed
that Radha Krishna design was not printed on the saree instead of that they printed
some flowers which were not selected by the complainant. According to Ex. A1 the
respondent has issued bill stating that Radha Krishana design will be on pallu and
C.C. No. 20 of 20094
some rose flowers on the body of the saree. According to Ex. A2 the respondent
collected Rs. 350/- towards Radha Krishna design, when the complainant questioned
about the design the respondent gave evasive reply stating that she selected the
design Radha Krishna which does not mean that Radha Krishna design of good and
goddess. The complainant took saree and returned home and she was much worried
about wrong printing of design on her saree. She issued legal notice to the
respondent to give explanation for wrong printing of design. The respondent filed its
counter and stated that she is a regular customer to their printing shop. When the
complainant approached the respondent she selected one Radha Krishna design and
they accepted to print the same.
7. On 22-5-2008 the complainant paid Rs. 350/- and took the saree after
opening the saree she noticed that Radha Krishna design was not printed on the
saree. The respondent has printed another design which was not selected by the
complainant. The respondent denied and stated that the Radha Krishna design, does
not contain the god and goddess ideals but it is the name of the design. The counsel
for the respondent argued that any saree boarder will not contain with god and
goddess ideals and nobody will wear the same. By perusing Ex. A2 it is clear that the
Radha Krishna design has to came on the pallu of the saree but not on the boarder.
The respondent has committed mistake by not printing the design selected by the
customer. Ex. A3 is the legal notice issued by the complainant to the respondent and
Ex. A4 is the reply notice given by the respondent to the complainant. The
complainant has not produced the saree before the Forum for perusing, if she might
have produced the saree the Forum might have seen the saree and it is good for any
decision. For any business man it is his bounded duty to satisfy the customers.
Here the respondent has not satisfied the complainant i.e. the customer, so when
C.C. No. 20 of 20095
there is no customer satisfaction he has to reimburse the printing charges to the
complainant. Hence, the points are answered accordingly.
8. Point No. 3 In the result, the complaint is allowed, directing the
respondent to pay Rs. 350/- (Rupees three hundred and fifty only) towards printing
charges and Rs. 250/- (Rupees Two hundred and fifty only) towards mental agony.
The respondent is directed to comply the order of the Hon’ble forum within 30 days
from the date of receipt of this order. The rest of the claim is dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced
by us in the open forum, this the 9
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 X/c of bill issued by Sree Veerabhadra Swamy Textiles pvt. Ltd.,
dt. 21-4-2008.
Ex. A2 X/c of cash bill issued by respondent dt. 22-4-2008.
Ex. A3 X/c of legal notice issued by complainant’s advocate to the respondent,
dt. 11-6-2008
Ex. A4 X/c of reply notice from respondent’s advocate to complainant’s
advocate, dt. 12-7-2008.
Exhibits marked for Respondents: - ---- NIL -----
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri C. Subba Reddy, Advocate,
2) Sri G. Trivikram Singh, Advocate.
1) Copy was made ready on :
2) Copy was dispatched on :
3) Copy of delivered to parties :
B.V.P. - - -
C.C. No. 20 of 2009th June 2009
CONSUMER COMPLAINT No. 20 / 2009
R. Rama Devi, W/o R. Sarveswara Reddy, Hindu,
House aged about 48 years, Residing at D.No. 4/464/2B,
Omsanthinagar, Kadapa. ….. Complainant.
Vs.
Sai Ram Saree Prints, Rep. by its Proprietor,
D. Venkatesh, D.No. 7/362-2, Bhagyanagar Colony,
Kadapa. ….. Respondent.
presence of Sri C. Subba Reddy, Advocate for complainant and Sri G. Trivikram
Singh, Advocate for respondent and upon perusing the material papers on record, the
(Per Smt. B. Durga Kumari, Member),
1. Complaint filed under section 12 of the Consumer Protection Act 1986
seeking direction to the respondent to pay the cost of saree Rs. 1134/- and printing
charges Rs. 600/-, to pay Rs. 5,000/- towards mental agony and to pay Rs. 5,000/-
towards costs.
2. The brief facts of the complaint is as follows:- The complainant
purchased one Pattu saree worth of Rs. 1,000/- in the month of April 2008 with an
attend the function of her nearest relatives. The complainant approached Sai ram
saree printings for printing and she selected one Radha Krishna design to print on
the saree and accepted to pay Rs. 350/- towards printing charge. The complainant
requested the respondent to delivery the said saree on or before 22-5-2008 as she
has to attend the function of her relatives on 24-5-2008. On 22-5-2008 the
complainant approached the respondent and took delivery of the said saree by paying