YUVATHI Vs. ANNAMMA THOMAS

JUDGEMENT

(1.) We are satisfied that there is no merit in this appeal. The complainant who claims to have purchased the saree from the opposite party stating that the colour of the saree faded after the first wash and thus complaining about the poor quality of the material supplied and sold by the opposite party, filed the complaint before the lower Forum.

(2.) No doubt the complainant has not produced the receipt for the purchase. But the opposite party admits having issued the bill which has been marked as Ex. A1. It is a cash bill issued under the trade name. It is not the opposite party's case that they are running any laundry as well. According to the complainant, when she complained about the poor quality of the saree promised to get it washed properly and give it to her and in that context bill dated 1.7.1998 mentioning dry wash and not to collect charges was issued. If really the saree was not purchased by the complainant from the opposite party and when the opposite party is not running any laundry, it is not known why they undertook to dry wash the saree and that too without collecting any charges for the same. Therefore, issuance of the bill dated 1.7.1998 clinches the complainant's case. Not only that. When the complainant issued Lawyer's notice on 8.9.1998 which has been received by the opposite party on 11.9.1998, the opposite party did not choose to send any reply. Therefore, these two circumstances, would clearly establish the truth in the complainant's case. It is also not known why the complainant should allege that she purchased the saree from the opposite party when she had not purchased at all and what was the motive for the same. There is nothing mentioned about this in the version. Therefore, it is clear that the complainant purchased the saree as alleged by her from the opposite party and the saree was of poor quality with the result that it faded after the first wash and the saree was handed over by the complainant to the opposite party who promised to have it dry washed and thus the opposite party has failed to return the saree properly washed and they have failed to replace the saree though they were aware that the colour of the saree had faded. Sitting in an appeal we do not find any valid reason to take a different view from that of the lower Forum. Consequently, we hold that there is no merit in this appeal.

(3.) In the result, this appeal is dismissed but in the circumstances without costs confirming the order passed by the lower Forum. Appeal dismissed.