By Smt. Beena. M, Member :-
This is a complaint filed under Section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as follows:- The Complainant is a practicing doctor. On 05-08-2022, the Complainant entered into an agreement with the Opposite Party to make wooden furniture (one cot, three doors, two cupboards, six chairs, one dining table) for his newly constructed home at Vimala Nagar, Manathavady. As per the terms of the agreement, the Opposite Party should use Kunni wood to manufacture furniture. The Opposite Party obtained the total agreed amount of Rs. 1,40,008/- at the time of execution of agreement. Afterwards the Opposite Party completed the work of some furniture and delivered at the house of the Complainant. The Complainant found that the wood used for manufacturing the furniture is not kunni wood and it was manufactured by using defective wood. When the Complainant talked about this to the Opposite Party, the opposite party agreed to take back the wooden furniture and refund Rs.1,40,000/- to the Complainant on or before 31/12/2022. For this purpose, they had entered into an agreement on 05/08/2022. Due to the act of the Opposite Party, the Complainant could not complete the work and hence he could not do house warming as on the planned date and time. The Opposite Party failed to take back the wooden furniture and pay the agreed amount. The act of the opposite party caused much hardships and mental agony to the Complainant. There is unfair trade practice on the part of Opposite Party. Hence, this Complaint.
3. After the admission of the Complaint, the Commission issued summons to the Opposite Party. The Opposite Party appeared, but failed to file version within time and the Commission set him ex-party on 19/04/2023.
4. The Complainant had adduced oral evidence. He was examined as PW1 and the agreement produced was marked as Ext. A1. Since the Opposite Party has not filed any version in time within statutory period, we are constrained to rely on the proof affidavit filed by the Complainant and documents. The case of the Complainant is that the work done by the Opposite Party was defective. Complainant had paid total amount for the work to the Opposite Party. It is evident from the agreement (Ext. A1) that there were defects in the furniture work and inferior quality wood was used for making the furniture. Ext A1 shows that the Opposite Party had agreed to return the amount received for the work and take back the furniture made with defective wood. Here, the Opposite Party is to be irresponsible in their dealings and we find it as a serious deficiency in service/
unfair trade practice on the part of the Opposite Party. Because of the unfair trade practice of the Opposite Party, the Complainant had suffered mentally and financially. The Opposite Party has not appeared or challenged the averments of the Complainant and veracity of the document before the Commission. Hence, it stands unchallenged and not proved. The Commission found that there is deficiency of service/unfair trade practice on the part of the Opposite Party, and hence the Complainant sustained difficulties. So, the Complainant deserves to get relief as prayed for. The Opposite Party is liable to pay compensation for the loss suffered to him and cost.
In the result, the Complaint is partly allowed, and the Opposite Party is directed to return an amount of Rs. 1,40,000/-(Rupees One Lakh Forty Thousand only) to the Complainant, the amount of consideration paid by the Complainant for the said furniture and also directed to pay Rs.50,000/- (Rupees Fifty Thousand only) towards compensation for mental agony and further directed to pay Rs,10,000/- (Rupees Ten Thousand only) towards cost of this proceedings.
The above order shall be complied within one month of the date of receipt of this order. Failing which the Complainant is entitled to get interest @ 8% per annum for the above amount from the date of this order till the realization of the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 24th day of June 2023.
Date of filing:19.01.2023
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. Dr. Suresh Babu. O.K. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1. Agreement. dt:05.08.2022.
Exhibits for the Opposite Party:
Nil.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
