Andhra Pradesh

Cuddapah

CC/09/20

Smt. R.Ramadevi - Complainant(s)

Versus

The Proprietor - Opp.Party(s)

Sri C.Subba Reddy

09 Jun 2009

ORDER


District Consumer Forum
Collect orate Compound, Kadapa
consumer case(CC) No. CC/09/20

Smt. R.Ramadevi
...........Appellant(s)

Vs.

The Proprietor
...........Respondent(s)


BEFORE:
1. B. Durga Kumari 2. Sri P.V. Nageswara Rao 3. Sri.S.A.Khader Basha

Complainant(s)/Appellant(s):
1. Smt. R.Ramadevi

OppositeParty/Respondent(s):
1. The Proprietor

OppositeParty/Respondent(s):
1. Sri C.Subba Reddy

OppositeParty/Respondent(s):




ORDER

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C.C. No. 20 of 2009

DISTRICT FORUM :: KADAPA

PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

SMT. B. DURGA KUMARI, B.A., B.L.,

SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER

Tuesday, 9

th June 2009

2

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 2009

3

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 2009

4

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 2009

5

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.

This complaint coming on this day for final hearing on 8-6-2009 in the

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

Forum made the following:-

O R D E R

(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

intention to wear the same by printing the design of Radha Krishna as she has to

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




......................B. Durga Kumari
......................Sri P.V. Nageswara Rao
......................Sri.S.A.Khader Basha