Karnataka

Bijapur

CC/17/2024

Mr. Vinod S/o Malakappa Sarawad - Complainant(s)

Versus

The Manager Reliance Retail Limited - Opp.Party(s)

In Person

23 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VIJAYAPUR
Final Order
 
Complaint Case No. CC/17/2024
( Date of Filing : 20 Feb 2024 )
 
1. Mr. Vinod S/o Malakappa Sarawad
Age: 40 years, Occ: Journalism R/o BLDE Road, Gachhinakatti Colony Near Ambabhavani Temple Vijayapur 586103
Vijayapur
Karnataka
...........Complainant(s)
Versus
1. The Manager Reliance Retail Limited
Avantra By Trends 23/E, Plot no. 67, Mahaveer Colony Lingad Gudi Road Vijyapur 586101
Vijayapur
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHRI AMBADAS KULKARNI G PRESIDENT
 HON'BLE MRS. SMT. VIDYA. B. MUTALIKDESAI MEMBER
 
PRESENT:
 
Dated : 23 Feb 2024
Final Order / Judgement

The complainant present, heard the complaint, perused the case file.  The documents submitted by the complainant.       

The contention of the complainant that he purchased the Sari on 03.11.2023 for a sum of Rs.9,199/-.  In this regard the Op issued the cash receipt.  It is further stated that, the complainant wife used the Sari once as a result Sari color was shaded and loosed quality (J¼ÉUÀ¼ÀÄ ©lÄÖPÉÆArgÀÄvÀÛªÉ). Thereafter, the complainant approached the Op and requested for replacement of the same.  But Op not responded as a result the complainant issued the legal notice and same was served on the Op.  But the OP not replied notice as a result the complainant filed complaint before this Commission.

            The complainant also produced the Sari before this Commission.  It is pertinent to note that, the said Sari was purchased on 03.11.2023.  Looking to the receipt issued by Avantra by Trends.  Wherein, the condition No.3 stated that the “Sarees may be returned within 15 days of purchase, other items may be returned within 30 days of purchase”. Looking to the said condition it is crystal clear that for replacement of Sari time fixed for 15 days, on perusal of the complaint the said complainant nowhere stated that on what date he  approached the Op for the replacement of the Sari, mere saying that the complainant issued the legal notice and Op not replied the same is not sufficient to admit the case. 

On perusal for the Sari i.e. myself and my  learned member on going through the said Sari.  We have not found any damages  to the Sari and colour is also not shaded and also we have not found the loosed quality (J¼ÉUÀ¼ÀÄ ©lÄÖPÉÆArgÀÄvÀÛªÉÉ),  if Iron is made in the said Sari the said Sari will bill became a new Sari.  The complainant under misconception came to this Commission with a present complaint which is not tenable eye of law.  Therefore, the complaint cannot be admitted.  Accordingly, the complaint is dismissed in the admission stage.  

 
 
[HON'BLE MR. SHRI AMBADAS KULKARNI G]
PRESIDENT
 
 
[HON'BLE MRS. SMT. VIDYA. B. MUTALIKDESAI]
MEMBER
 

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