SUNDER TEXTILE vs CHANDRA MOHAN GAUR

THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the ''Act'') against judgment and order dated 11.7.1994 passed by the District Forum, Agra in Complaint Case No. 742 of 1993.

INITIALLY a complaint was filed with the allegations that the complainant in connection with the marriage of his daughter purchased three Sarees from the opposite party, out of which one Saree was costing Rs. 1,200/-, second one Rs. 1,800/- and the third one Rs. 800/-. Though no formal cash memo was issued, bill on white paper was given. A defect was detected on the Saree costing Rs. 1,200/-. When the Saree was brought to the opposite party and informed about the defects, the opposite party did not replace the defective Saree. Consequently a complaint was filed for compensation. The opposite party denied the allegations in the written statement and further stated that no Saree was purchased by the complainant nor any bill was issued. It also denied that, Kutcha receipts are never issued to its customers.

The learned District Forum, after perusing the evidence on record and hearing the submissions of the Counsel for the parties, passed by impugned order.

AGGRIEVED the opposite party, Sundar Textiles, have come in appeal challenging the correctness of the order. We have heard learned Counsel for the appellant Mr. A.K. Singh and have perused the entire record.

THIS case was taken up in the revised list. Since the matter is of the year 1994, it was deemed proper to take up the case and decide on merit. The impugned order has been criticised by Mr. A.K. Singh obviously for the reason that the alleged defect in the Saree costing Rs. 1,200/- is only a bald allegation. The presentation of the alleged defective Saree before the appellant was never supported by any receipt normally issued with every purchase. It was further submitted that the alleged defects could occur during the course of use of the Saree even. We are in agreement with this part of the argument. In the instant case there is no bill or valid cash memo to show that the Saree in question was purchased from the shop of the appellant. Furthermore it is a normal course of action that whenever a Saree or any such other item is purchased by a customer, it is thoroughly examined whether it has any defect. That course in this case has not been done. We are of the view that the learned District Forum while passing the impugned order did not look into the matter with objective consideration. Hence the order of the learned District Forum is liable to be set aside. ORDER The appeal is allowed and the order of the learned District Forum is set aside. No order as to the costs. Appeal allowed.