GYAN CHAND JAIN vs Kurlon Ltd.

APPELLANT purchased three coir mattresses from the respondent for the price of Rs. 4,356. Since the mattresss were not usable from either side, he requested the respondent either to refund the amount or remove the defects. Since his grievance was not redressed by the respondent he approached the District Forum but his complaint was dismissed vide impugned order dated 22.8.2001 with the advice to the appellant that he should use the mattresses by keeping the foam side up which was a right and proper way and his grievance that the mattresses are not useful from both sides was not justifiable.

FEELING aggrieved, the appellant has directed this appeal. We have closely perused the complaint filed by the appellant before the District Forum, the impugned order as well as the defence version of the respondent and we find that the appellant purchased coir mattresses and not the foam mattresses and, therefore, his grievance was justified that the mattresses purchased by him were not usable from either side and, therefore, were defective. Since the District Forum proceeded on the wrong assumption that the mattresses sold by the respondent and purchased by the appellant were rubber foam mattresses and not the coir mattresses, we have no other option than to accept the version of the appellant that the mattresses purchased were not usable from either side and were, therefore, defective.

In the result, we allow the appeal and set aside the impugned order and allow the complaint with the direction to the respondent to refund the price of the mattresses of Rs. 4,356 within one month on which the appellant shall return the mattresses.

APPEAL is allowed 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 allowed.