SUNITA KHULLAR Vs. BANGALORE SILK AND SAREES

JUDGEMENT

(1.) The complainant Mrs. Sunita Khullar hasinvoked the appellate jurisdiction of this Commission in Appeal Case No.75 of 1999 against M/s. Bangalore Silk and Saree, S. C. O.65, Sector 17-C, Chandigarh.

(2.) Briefly as per the facts of the case the complainant, now appellant purchased the material for 2 silk suits from the respondent at the costs of Rs.650/- and Rs.610/- respectively vide cash memo bearing No.22 dated 27.2.1997. Since the material of one of the suits costing Rs.650/- found defective and the respondent allegedly refused to make good the loss either by replacing defective material or by payment of costs of material and total stitching charges, the cause of this complaint arose. The complainant also during the proceedings before the District Forum-II alleged ill-treatment by the opposite party. Since the opposite party did not put in appearance to rebut the above allegations, it was proceeded against ex parte and order for payment of Rs.650/- towards the costs of the suit and 50% of the stitching charges amounting to Rs.175/- in addition to Rs.250/- towards costs were awarded by the aforesaid District Forum. Had the respondent looked into the grievance of the appellant in the initial stage this litigation could have been avoided. However, this Commission after the perusal of the record and on the basis of evidence adduced by the parties and hearing the learned Counsel for the appellant and representative of the respondent has come to the conclusion that in addition to awarding the full costs of suit material and stitching charges amounting to Rs.650/- and 350/- respectively the costs of Rs.500/- would be justified and we order accordingly. On receipt of the amount awarded, the appellant is directed to return the defective suit to the respondent. Let this order be complied with within one month of the receipt of the copy of the same and the copies be supplied to the parties free of costs. Order announced.