VELAN SILKS Vs. V SUSAIRAJ

JUDGEMENT

(1.) The opposite party appeals.

(2.) The complainant purchased a silk Saree on 23.11.94 from the opposite party for Rs. 1,395.50. After use on two occasions within a span of three months the colouring was found to be defective and the dye was coming out from the border. According to the complainant, he approached the opposite party asking him to take back the Saree and to reimburse the money. Since his request met with a refusal, he approached on 14.2.95 the District Forum for the refund to the money and compensation of Rs. 1,000/- with costs.

(3.) The opposite party stated in his counter that the appellant did not approach at all the opposite party and took also several objections stating that there was no liability for him. The further added that the complainant has hand washed the Saree which could admit only of dry cleaning. The District Forum examined the Saree produced by the complainant and found that it was smelling new and that it was never washed. It found further that even a drop of water on the border and Mundi shows easy bleeding of dye. By order dated 15.11.95 it directed the opposite party to return a sum of Rs. 1,395.50, the price of the Saree, purchased by the complainant with interest @ 12% p.a. from 23.11.94 till payment. It further directed the opposite party to pay compensation to the tune of Rs. 1,000/- with cost of Rs. 200/-. Aggrieved by that order the opposite party filed the present appeal.