Between:

G.Jayalakshmi Devi,Advocate,

64-43L-12, Munisif Court Road,Kurnool – 518 001.                                                         

     …Complainant

                                                    -Vs-      

The Proprietor,Adil Banaras Dying and Polish,

Shop No.3, D.No. 40-447-9A,Opp. Everest English Medium School,

Gandhi Nagar, Gipson Colony,Near Old Ayyappa Swamy Temple,Kurnool – 518 002.                                     

...Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainant and opposite party called absent and upon perusing the material papers on record, the Forum made the following.

   ORDER

(As per Sri. T.Sundara Ramaiah, President)                                                             C.C. No.34/2012

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

(a)          To direct the opposite parties to return the same Uppada Pattu Sarry (Gray Colour Saree with Navy Blue Border) worth Rs.4,500/- or to return the cost of the said Sarry with interest at the rate of 24%;

(b)          To grant a sum of Rs.5,000/- towards the compensation for causing mental agony and hardship;

(c)           To grant the cost of this complaint;

(d)          To grant such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:- On 27-11-2010 the complainant purchased on Uppada Pattu Sarry for Rs.4,500/- from M/s Lakshmi Sarry House, Krishna Nagar, Kurnool.  Thereafter on            27-12-2010 the complainant gave the said sarry to the opposite party for Rolling.   The opposite party gave the bill No.4125 stating that the delivery date would be 07-01-2011.  On 07-01-2011 the complainant went to opposite party for collection of the sarry.  The opposite party asked the complainant to come one week later.  Again the complainant approached the opposite party for sarry, but the opposite party postponed to return the sarry and told that the sarry was misplaced.  At last on 26-09-2011 the complainant issued legal notice demanding the opposite party to return the sarry or to pay value of the said sarry.  The opposite party received the notice but did not return the sarry.  Hence the complaint.

3.     Opposite party called absent. 

4.     On behalf of the complainant Ex.A1 to A3 are marked and sworn affidavit of the complainant is filed.

5.     Complainant filed written arguments.

6.     Now the points that arise for consideration are:

                     i.        Whether there is deficiency of service on the part of Opposite Party?

                    ii.        Whether the complainant is entitled for the reliefs as prayed for?

                  iii.        To what relief?

7.      POINTS i and ii:-  It is the case of the complainant that she purchased one Uppada Pattu Sarry from M/s Lakshmi Sarry House, Kurnool on 27-11-2010.  The complainant in her sworn affidavit clearly stated about the purchase of sarry by her on 27-11-2010 for Rs.4,500/- from M/s Lakshmi Sarry House, Krishna Nagar, Kurnool.  The complainant also filed Ex.A1 receipt showing the purchase of Uppada Pattu Sarry for Rs.4,500/- on 27-11-2010 from M/s Lakshmi Sarry House, Krishna Nagar, Kurnool.  It is further case of the complainant that on 27-12-2010 she gave the said sarry to the opposite party for Rolling and that the opposite party gave the bill.  The complainant filed Ex.A2 bill issued by the opposite party.  It is mentioned in Ex.A2 that the complainant gave Uppada Pattu Sarry to the opposite party on 27-12-2010.  The said fact was also stated by the complainant in her sworn affidavit. 

8.     It is the case of the complainant that inspite of several demands the opposite party failed to return her sarry and that she gave legal notice Ex.A3.  The opposite party received the said notice but did not choose to return the sarry to the complainant.  The complainant filed the postal acknowledgment evidencing the receipt of the legal notice by the opposite party.  There is deficiency of service on the part of the opposite party. 

9.     In the result, the complaint is partly allowed directing the                                      opposite party to return the Uppada Pattu Sarry to the complainant or to pay Rs.4,500/- along with costs of Rs.500/- to the complainant within two weeks from the date of order.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 7^th day of June, 2012.

Sd/-                                       Sd/-                                Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Bill for Rs.4,500/- dated 27-11-2010 issued by Lakshmi

                Sarry House, Kurnool.

Ex.A2.       Bill for Rs.160/- dated 27-12-2010 issued by opposite party to complainant.

Ex.A3                Office copy of Legal Notice dated 26-09-2011 along with

Postal Receipt and Acknowledgement.

List of exhibits marked for the opposite party:- NILL

Sd/-                                   Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

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