S.POONGODI, MANONMANI VERMI FARM, THALAVAMALAI Vs. B.SIVAMALAR
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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N.KANNADASAN, J. -
(1.) The Appellant herein is the Opposite Party and the Respondent is the
Complainant before the District Forum.
(2.) The complainant is filed before the District Forum under the following
The complainant has approached the opposite party in pursuance of an
attractive advertisement in the Newspaper with regard to the sale of
Earthworms for good growth of the crops. When the complainant approached
the opposite party, she was also promised that the opposite party would
provide free service at the complainants place by giving training for
production of worms. Based on the said assurance, the complainant has
purchased 40,000 worms for a sum of Rs.30,000/- from the opposite party
with the condition that she would deliver the worms at the residence of
the complainant within the jurisdiction of the District Forum, Karur. It
is also further assured that the worms are Australian and African
varieties and they would give good result. After the delivery of the
Earth Worms, the complainant has counted the same and found it that only
8,000 earth worms were available instead of 40,000 earth worms. According
to the complainant, the worms are lesser in quantity with inferior
quality. Hence the complaint.
(3.) The opposite party resisted the complaint by contending that she has
not given any false advertisement and actual quantity which was ordered
alone was handed over and no assurance was given to the effect that
complainant would be given training regularly and complainant has not
raised any protest immediately after purchase and it was sold from Erode
District and the District Forum, Karur has no jurisdiction. It is also
contended that the Earth Worms are good quality and accordingly prayed
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