GREENWAYS Vs. JAI PRAKASH
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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(1.) RESPONDENT purchased 21 sarees from the appellant for Rs. 70,320 as gift for his daughter -in -law on the
occasion of marriage of his son. Out of these sarees three sarees were found
to be defective. Vide ex parte order dated 26.11.2002, the District Forum has directed the
appellant to refund the cost of those sarees amounting to Rs.
19,915 along with interest @ 9% and Rs. 5,000 towards damages.
(2.) ACCORDING to the appellant sarees were sold to the respondent on sale by giving discount of 5% to 10% and when the respondent came to
their shop after six months he created a scene and in order to avoid the
unpleasant situation the appellant gave credit note of Rs. 11,500 and for
the balance two defective sarees she again called the respondent to
contact her but the respondent never contacted her.
(3.) THE nature of the dispute between the parties particularly the fact that the complaint about sarees was made after six months and credit
note of Rs. 11,500 was already given by the appellant towards exchange of
sarees and since credit note has not been honoured as the sarees were
never returned by the respondent, persuade us to partly allow the appeal
by awarding lumpsum amount of Rs. 15,000 as compensation which shall
include the cost of litigation. The payment shall be made within one
The appeal is disposed of in above terms. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.;
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