A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) Complainant filed a complaint against the opposite party claiming for the direction to replace the defective spectacle purchased from the opposite party and to pay Rs.25,000/- as compensation for deficiency of service and Rs.10,000/- as costs.
(3.) The complainant purchased a spectacle for his defective eye as per the prescription on 10.6.07 by paying Rs.2,325/- towards the lens and frame. The opposite party prescribed "lognes S" model frame to the complainant and also informed there would be warranty for the same and the model frame is a superior quality believing the same the complainant placed orders for the same placed order and purchased as per bill dated 10.6.07 and was promised to delivery of the same on 16.6.07. On 16.6.07 when the spectacle was received no warranty card or guarantee card is attached to it and when enquired no such things are given for the said model frames and promised to replace if any defect is found. But when the model of the frame used lost its colour and it was worn out during usage similarly the lens was not such quality and the same needs replacement. When he approached the opposite party, the opposite party refused for replacement and denied to do anything in this regard. Hence legal notice issued on 26.7.07 and filed this complaint claiming reliefs as stated above.;