Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 20.11.2015

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite party to refund Rs. 5,000/- ( Rs. Five Thousand only ) taken as booking amount with an interest @ 12% per annum till the date of actual payment.
2. To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as Compensation.
3. To pay Rs. 2,000/- ( Rs. Two Thousand only ) as litigation costs.

2. The complainant has asserted following facts in his complaint petition which is being reproduced in toto :-

1. Asha furniture ( opposite party ) having its showroom on 2^nd floor, above Hira Panna Jewelleres, Hira Panna Complex, Near Boring road Crossing, boring road, Patna -800004 is engaged in a business of selling designer furniture.
2. Opposite party place of business is well within the jurisdiction of this forum. The cause of action arose well within the jurisdiction of this forum.
3. Mr. Neil Satyam ( Complainant ) resides at M- 448, Near Tempo Stand, kankarbagh, Patna – 800020.
4. On 11^th July 2013, he visited the showroom of opposite party and chose furniture ( Cupboard ) to purchase.
5. Opposite party expressed his inability to provide the said furniture as it was out of stock.
6. The opposite party asked the complainant to book the said furniture as the same would be available in a week or two.
7. The opposite party advised the complainant to book the furniture stating that the current discounts will not be applicable in a week later and that the price may increase at the time of delivery a week later.
8. Heeding to the advice of the opposite party, the complainant booked the said furniture ( Cupboard ) by paying an amount of Rs. 5,000/-.
9. The opposite party issued an approval note/bill for booking of the said booking made by the complainant. A copy of the bill has been annexed as annexure – 1.
10. The said amount was paid using debit card. Copy of the approval note of the debit card has been annexed as annexure – 2.
11. In the bill, the opposite party clearly wrote at the bottom of the bill that the product would be delivered in 1-2 week.
12. The complainant and his wife called the opposite party on phone several times to enquire about the delivery of the said furniture. But every time a call was made, the opposite party gave vague answer about the status of the said cupboard.
13. The opposite party caused unnecessary harassment to the complainant’s wife by giving fake delivery dates, promising a call back with status of the item but not calling back.
14. The complainant’s wife on several occasion asked the opposite party to cancel the booking and refund the money but opposite party at these times somehow persuaded the complainant’s wife to accept another date of delivery.
15. On 17^th August, the opposite party said that the said product was in their warehouse and the said would be delivered by 19^th August.
16. On 19^th August when the opposite party again failed to deliver the product, complainant’s wife called the opposite party to cancel the booking but opposite party again refused to cancel the booking and refund the money.
17. Even after one month and ten days, the opposite party has not been able to deliver the said product.
18. 21^st August 2013 being festival day of ‘ Raksha Bandhan ’, the complainant’s house was bound to be visited by his various relatives and relatives from his in – law’s house. House without a cupboard on that day would have caused a huge embarrassment to the complainant and his wife, so the complainant bought a cupboard from another shop.
19. It has been clearly shown by facts produced before this forum that the opposite party was not able to fulfil its promise.
20. The opposite party has indulged in malpractice.

Despite notices being served, the opposite party neither filed any power nor written statement contradicting the contention of the complainant made in the complaint petition and as such this case was heard ex – parte.

We have also gone through the record of this case.

It is needless to say that as there is no counter version of the fact asserted by the complainant in complaint petition. Hence we have no option but to accept the fact asserted in the complaint petition.

The complainant has Annexed as Annexure – 1 which is approval note/bill for the booking of the said furniture which was issued by the opposite party on 11.07.2013. In the footnote of Annexure - 1 the opposite party has written that the said furniture would be delivered within 12 to 14 days but failed to do so. The payment receipt of Rs. 5,000/- by the complainant to the opposite party by way of booking amount of furniture is proved by Annexure – 2.

As stated above, the facts asserted in the complaint petition definitely constitute the deficiency and hence we find and hold the opposite party has committed deficiency of service.

Accordingly we direct the opposite party to refund the amount paid by the complainant i.e. Rs. 5,000/- ( Rs. Five Thousand only ) along with interest @ 6% ( Six ) per annum within the period of three months from date of receipt of this order or certified copy of this order failing which the interest will be @ 9% ( Nine ) per annum till its final payment.

Aforesaid the opposite party is further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the aforesaid period of three months.

Accordingly, this case stands allowed to the extent indicated above.

                                        Member                                                                   President