Greenways vs JAI PRAKASH

RESPONDENT purchased 21 sarees from the appellant for Rs. 70,320 as gift for his daughter-in-law on the occasion of marriage of his son. Out of these sarees three sarees were found to be defective. Vide ex parte order dated 26.11.2002, the District Forum has directed the appellant to refund the cost of those sarees amounting to Rs. 19,915 along with interest @ 9% and Rs. 5,000 towards damages.

ACCORDING to the appellant sarees were sold to the respondent on sale by giving discount of 5% to 10% and when the respondent came to their shop after six months he created a scene and in order to avoid the unpleasant situation the appellant gave credit note of Rs. 11,500 and for the balance two defective sarees she again called the respondent to contact her but the respondent never contacted her. The nature of the dispute between the parties particularly the fact that the complaint about sarees was made after six months and credit note of Rs. 11,500 was already given by the appellant towards exchange of sarees and since credit note has not been honoured as the sarees were never returned by the respondent, persuade us to partly allow the appeal by awarding lumpsum amount of Rs. 15,000 as compensation which shall include the cost of litigation. The payment shall be made within one month.

The appeal is disposed of in above terms. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal partly allowed.