Consumer panel slaps textile dealer with fine of ₹36,500 for selling defective sari

The Ernakulam District Consumer Disputes Redressal Commission has slapped a textile dealer with a fine of ₹36,500 for selling a defective sari that got discoloured on the very first use, thus causing emotional distress and embarrassment to the petitioner’s wife.

The Commission comprising D.B. Binu, president, and members V. Ramachandran and Sreevidhia T.N. issued the order on a petition filed by one Joseph Niclavose against IHA Designs Pvt. Ltd. in Alappuzha.

The petitioner had bought 14 saris worth ₹89,199 from the dealer for his wife and relatives for an engagement function on January 21, 2024. However, the sari, costing ₹16,500, worn by the petitioner’s wife, got discoloured on the very first use during the function. The complainant approached the opposite parties but was allegedly met with rude behaviour and refusal to replace or refund the defective sari. A legal notice also went unanswered. Consequently, the petitioner approached the Commission seeking a compensation of ₹1.41 lakh.

However, the opposite party failed to file their version. The Commission observed that it is a settled position of law that when a service provider, despite receiving notice, fails to respond to legitimate complaints or does not participate in proceedings, it amounts to an implied admission of the allegations. “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 observed that the refusal to acknowledge the grievance, coupled with the dismissive attitude of “go to court,” shows not only a lack of accountability but a disregard for basic consumer dignity. The Commission cannot ignore the emotional pain suffered by the complainant and his family, which goes far beyond monetary loss.

Subsequently, the opposite party was asked to refund ₹16,500 towards the cost of the defective sari, ₹15,000 as compensation for mental agony, financial loss, and inconvenience, and ₹5,000 towards the cost of legal proceedings.