ADV. RAVI SUSHA, MEMBER. Complainant agreed to purchase one steel Alamara and two single Mattress [Fibre queen] from opp.party’s shop on 7.2.2008 having prizes Rs. 4800/- and Rs.1700/- per mattress respectively and paid Rs.600/- as advance. But at the time of purchase opp.party collected Rs.6600/- from the complainant for the alamara. Complainant’s case is that the steel alamara was a defective one and the rate collected for the alamara and mattress are higher than that in market. Hence filed this complaint. Opp.party filed version contending that the alamara was not a defective one and the prizes collected for the Almara and mattresses are of reasonable rate when it compared with market prize. Hence prays for dismissal of the complaint. Points that would arise for consideration: 1. Whether there is deficiency in the service on the part of the opp.party 2. Reliefs and costs. For the complainant PW.1 is examined. Ext.P1 to P5 are marked. For the opp.party D! and D2 are marked. Points: Complainant’s main case is that the steel alamarha purchased from the opp.party was a defected one and also the opp.party received a higher amount from him both for alamarah and mattresses. Opp.party’s version is that the Almarah was not a defective one and they collected only reasononable rate for the almarah. According to them the prizes fixed in mattresses are only by the company and not by the opp.party. Here there is no dispute regarding the purchase of Alamara and mattresses from the opp.party. Only dispute is whether the steel alamarah was a defective one and prize collected for the alamarah and mattresses are higher rate than that in market. Complainant’s case is that the defect in door was noted in the day of purchase itself and he came to the opp.party’s shop for complaining the defect in the next day of purchasing. Opp.party denied the complainant’s above said contention . Opp.party’s argument is that there is no evidence adduced from the complainant’s side that on the very same day of purchase the defect was occurred in the almarah and the complainant filed this case only one year after the purchase of almarah. According to opp.party if defect occurred after a long use that might have been due to the misuse of the almarah by the complainant. On verifying the exhibits it can be seen that the date of purchase was on 8.2.2008 and the complainant filed this complaint on 9.6.09 re after one year of purchase. Here the complainant did not produce any material evidence to show that the almarah was defective on the date of purchase itself. Hence we are of the view that the argument of the learned counsel of the opp.party is correct or else the complainant would have filed this complaint on the nearby date of purchase. The next contention of the complainant is that the rate of almarah is much higher than that in marked. Here the complainant has not adduced any evidence for models in other shops and its prizes. According to opp.party they had given only good quality of iron almarah in reasonable rate. Moreover the rate of steel almarah depends on models, quality of steel etc. Since the complainant could not adduced any evidence with regard to prizes of almarah, the complainant’s contention cannot be accepted. Next point with regard to the prizes of mattresses. The opp.party’s version is that the mattresses bears ISO certification and number and the prizes are fixed by the company and not by the opp.party. On verifying Ext.P1 series it is seen that the contention of opp.party is correct. On considering the entire evidence we are of the view that the complaint failed to prove that the alamarah which he has purchased from the opp.party shop room is as a defective one and the opp.party collected higher rate for almarah and for mattresses than that in market. In the result the complaint fails and the same is dismissed without cost. Dated this the 27th day of May, 2010. : I N D E X List of witnesses for the complainant PW.1. – Baby Chellappan List of documents for the complainant P1. – Stickers P2. – Bill P3. – Notice P4. – Postal receipt P5. – A/D. card. List of witnesses for the opp.party :NIL List of documents for the opp.party D1. – Reply notice with postal receipt D2. – Acknowledgement card. | 
