BHATIA SONS Vs. UJJAL SINGH

JUDGEMENT

(1.) In the present petition, petitioner challenges the order Dt. 13.2.2009, passed by the J&K State Consumer Disputes Redressal Commission, Jammu (for short State Consumer Commission). In order to understand the controversy in its right perspective, it is necessary to give in brief the background in the light of which, the present, controversy has arisen.

(2.) A complaint carne to be filed before the Divisional Forum by the complainant-respondent No. 1, stating therein that in the month of April, 2003, the complainant had purchased a trouser manufactured by the company Allen Solly, for an amount of Rs. 1099/-. After having used the trouser for four days, the colour of the trouser faded away. Upon this, the complainant approached the petitioner who did not pay any heed to his grievance. The Complainant was constrained to file a complaint before the Divisional Forum with a prayer the may be allowed a sum of Rs. 1099/- along with interest @18% as also a sum of Rs. 5000/- on account of mental torture and harassment. Besides this, an amount of Rs. 1000/- was also prayed for, as litigation expenses.

(3.) The petitioner herein, respondent before the Divisional Forum denied the factual averments made in the complaint and stated that in the month of February-March '03, the complainant had purchased a trouser whose original cost was Rs. 1099/-. However, on account of clearance sale, the price was reduced to 50% of the original cost and was, accordingly, sold for Rs. 550/-, to the complainant on 16th of Feb '03, A stand was taken that during the clearance sale, it was specifically displayed that there would be no exchange and no guarantee for the goods sold. It was denied that the colour of the trouser had faded away.