MURRAY AND CO Vs. K SANKARALINGAM

JUDGEMENT

(1.) The appeal is directed against the order dated 26.8.1997 in O. P.85/1997 on the file of the District Consumer Disputes Redressal Forum, Chennai (South ).

(2.) The appellant is the opposite party while the respondent is the complainant. The short facts leading to the filing of this appeal may in brevity be stated in order to understand the crux of the issue involved for consideration in this action.

(3.) The opposite party M/s. Murray and Co. , are auctioneers in Chennai. They issued a catalogue containing list of articles or goods to be sold for domestic use on a specified day. One such goods or article advertised for sale figured as item No.164 in the catalogue. The said item is a rose wood double cot measuring 6 x 4 ft. The complainant became the successful bidder of Item No.164 for a price of Rs.2,400/-. He has also paid the necessary and requiste sales tax and the prescribed service charges. The cot when measured was not according to the standard description of 6 x 4 ft. but it was found to measure 6 x 3 ft. The shortfall in measurement of the cot, the complainant would allege is a defect in the goods purchased. Alleging the factors as above, he knocked at the doors of the Forum below for certain reliefs as prayed for in the complaint.