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 circumstances: 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 for dismissal.;