ISHWAR SINGH Vs. SUMAN GARMENTS

JUDGEMENT

(1.) The complainant has come up in appeal against the dismissal of his complaint, wherein he had prayed for compensation against Suman Garments, Sadar Bazar, Gurgaon, who had refused to change the sweater purchased by the complainant. According to the complainant he purchased one sweater from the Opposite Party on Ist of January, 1995 for Rs.420/-. Though at the time of purchase of the sweater, it was represented by the Opposite Party that the sweater was of pure wool and of good quality, yet it went out of shape after washing the same two/three times. When the complainant and his wife approached the Opposite Party to point out the defect in the sweater and asked him to replace the same, the Opposite Party said to have misbehaved with the complainant and his wife. The. matter was reported to the Police and the case under Sections 107/150 Cr. P. C. was registered against the Opposite Party, which was still pending in the Court of City Magistrate, Gurgaon.

(2.) On the other hand, the Opposite Party in the written statement completely denied the sale of the sweater and rather accused the complainant for having abused and misbehaved with the Salesman at their show-room, thereby adversely affecting their reputation. Learned District Forum thereupon came to the conclusion, as no receipt for the purchase of the sweater could be produced by the complainant, it could not be concluded that the sweater had been purchased from the show-room of the Opposite Party. For this reason the complaint was dismissed.

(3.) In the appeal before us, the learned Counsel for the appellant has repeated the same submission and has vehemently contended, that if the receipt of the purchase of the sweater was not available with the complainant, circumstantial evidence should have been appre0ciated and considered adequate by the learned District Forum to come to the conclusion that the sweater had in fact been purchased by the complainant. We do not agree with the contention of the learned Counsel, as it was for the complainant to prove his case and to establish the purchase of the sweater from the Opposite Party by documentary as well as oral evidence. If in discharging that burden, the complainant-appellant had failed, the learned District Forum has no option, but to dismiss the complaint. Accordingly, we do not find any legal infirmity in the order of the learned District Forum and we uphold the same. The appeal is, therefore, dismissed with no order as to costs.