Hyderabad: Kalasiguda’s Chennai Shopping Mall fined ₹15k for not exchanging torn saree

Hyderabad District Consumer Disputes Redressal Commission has asked Chennai Shopping Mall to pay Rs. 15,000 to a customer for failing to repair or exchange a torn saree.

The complaint

According to the complaint, Balerao Naveen Kumar, a resident of Old Bowenpally, and his family were regular customers of Chennai Shopping Mall at Kalasiguda. In November 2020, he purchased three sarees from the mall.

However, during a family function, one of the sarees tore completely, with threads coming off from the border. Kumar approached Chennai Shopping Mall and requested either an exchange or a refund for the damaged saree.

The staff informed him that it would take 15 to 20 days to repair or exchange the saree. Kumar handed over the damaged saree to the mall, and they returned it after repair. Unfortunately, when his wife wore the saree, it tore again in multiple places along the border.

Kumar once again approached Chennai Shopping Mall, seeking a refund or an exchange, but they continuously delayed the matter and failed to take any action.

Later, the mall informed Kumar that they would only provide half the cost of the saree and not exchange or refund the full amount.

Malls response

Chennai Shopping Mall in its response said Kumar visited without an invoice or barcode label attached to the saree, making it difficult to ascertain if it was purchased from them. Despite this, the mall offered to repair the saree free of charge as a goodwill gesture.

Commission’s observation

The commission, after examining the evidence, observed that when goods are of a type that sellers regularly supply, there is an implied condition that the goods should be reasonably fit for their intended purpose.

Furthermore, sellers are responsible for the items they sell, and if there are defects, they are liable. In this case, the mall's refusal to accept the damaged saree and refund the cost constitutes unfair trade practices and a deficiency in service.

They also observed that based on the evidence, including photographs of the torn saree, it was apparent that the damage was not due to mishandling or negligence by a child, as claimed by the mall.

The torn areas were present at multiple places along the saree's pattu border.

The commission concluded that the mall provided substandard goods and engaged in unfair trade practices, which is a deficiency in service.

As a result, the mall was directed to provide a new saree to Kumar, pay compensation of Rs. 15,000 for the mental agony caused, and bear the costs of Rs. 10,000 for the complaint.

The mall argued that since a year had passed since the saree's purchase and it was a textile item, they couldn't provide guarantees beyond one year. They offered Kumar a saree worth 50% of the damaged saree's value, which he accepted. However, he never returned to the store as promised.