K.SAMPATH, J. - (1.) The complainant in COP No.39/2002 on the file of the District Consumer Disputes Redressal Forum, Coimbatore, is the appellant herein. The grievance of the complainant was that he had purchased a readymade shirt from the opposite party ; that the shirt developed defects ; he showed the same to the opposite party ; that the opposite party admitted that there was a weaving defect since the threads being spread away and promised to replace the same with a new one ; that a week thereafter the opposite party returned the same defective shirt and refused to replace it compelling the complainant to issue a lawyers notice and file the complaint seeking directions to the opposite party to pay the price of the shirt in a sum of Rs.695/-, Rs.1,000/- towards travelling expenses, Rs.5,000/- towards compensation for mental agony and Rs.300/- towards his lawyers fees.
(2.) The defence set up by the opposite party was that on the date the complainant brought the shirt to them they received the same to check up whether there was any defect as pointed out by the complainant and issued a receipt for the same ; that after due scrutiny and check-up for a week it was found that there was no manufacturing defect in the shirt at the time of the sale ; that the colour and other threads were affected due to bad washing process, detergent powder and exposure of shirt to sun light and in such circumstances the complainant was not entitled to replace the shirt. The opposite party further pleaded that the manufacturers were M/s.Madura Garments and without their being made a party the complaint was not maintainable. The complaint was liable to be dismissed.
(3.) Before the District Forum, on the side of the complainant Exs.A-1 to A-3 were marked while no document was marked on the side of the opposite party.;