Discoloration Of Saree Purchased For Engagement Function; Ernakulam District Commission Holds IHA Designs Liable For Selling Defective Saree
The District Consumer Disputes Redressal Commission, Ernakulam presided by Shri.D.B.Binu (President) , Shri. V.Ramachandran (member) and Smt.Sreevidhia.T.N ( member ) held IHA Designs and its manager , Nooha Sajeev liable for selling defective saree .The Complainant's wife faced humiliation due to the discoloration of the saree, worn with anticipation and pride on the day of her...
The District Consumer Disputes Redressal Commission, Ernakulam presided by Shri.D.B.Binu (President) , Shri. V.Ramachandran (member) and Smt.Sreevidhia.T.N ( member ) held IHA Designs and its manager , Nooha Sajeev liable for selling defective saree .The Complainant's wife faced humiliation due to the discoloration of the saree, worn with anticipation and pride on the day of her sister's engagement.
Facts of the Case:
Influenced by IHA Design's ( Opposite Parties ) advertisements which promised curated selections and high-quality craftsmanship, the complainant purchased 14 sarees worth Rs.89,199/- . He purchased the sarees for his wife and relatives for his sister-in-law's engagement function believing the assurance given by the opposite parties of the superior quality of their products.
On the day of the engagement, the complainant's wife wore the newly purchased pink saree priced Rs.16,500/- and the saree began to lose colour. The visible discoloration caused embarrassment, and emotional distress in front of family and guests.
The complainant and his wife visited IHA Designs and informed them of the incident. But they were treated rudely and the opposite parties refused to offer a refund or replacement.
The complainant sent many mails, and a legal notice was also served but it went unanswered. Feeling aggrieved, the complainant approached the Consumer Commission.
The Opposite Parties 1& 2 ( IHA Designs, and its manager Nooha Sajeev ) entered appearance on 15.05.2024 but they failed to appear thereafter or also failed to file their written version, and hence proceeded ex parte
Observation by the Commission:
The commission observed that the defective nature of the product and the subsequent dismissive behaviour of the opposite parties clearly establish unfair trade practices, deficiency in service, and a lack of professionalism.
The Commission stated that selling defective goods and failing to redress the consumer's grievance promptly and effectively amounts to deficiency in service under the Consumer Protection Act. The sellers and service providers should ensure that the products sold meet the promised standards and also to address the consumer complaints diligently. The Commission added that the consumer satisfaction does not end with the sale, but the post-sale responsibility is equally binding.
The commission observed that saree purchased for a significant family function, discoloured on first use, causing emotional distress and public embarrassment amounts to a defect in goods, deficiency in service, and unfair trade practice.The Commission added that the refusal to acknowledge the grievance and the dismissive attitude of "Go to court," shows not only a lack of accountability but a disregard for basic consumer dignity.
The Commission allowed the complaint and directed IHA designs and its manager to refund Rs.16,500/- to the complainant for the cost of the defective saree . It also directed to pay Rs. 15,000 as compensation and Rs. 5,000 as costs.