Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 19.11.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to refund Rs. 63,000/- which is the total amount for the sofa set paid by the complainant.
- To direct the opposite party to pay Rs. 1,00,000/- for physical harassment.
- To direct the opposite party to pay Rs. 50,000/- for mental agony.
- To direct the opposite parties to pay Rs. 20,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that the complainant had purchased a sofa set from the shop of the opposite party worth Rs. 63,000/- on 19.10.2015 and the sales person of the opposite party confirmed and assured about the quality of the sofa selected by the complainant. The complainant paid an advance of Rs. 1,000/- and rest of the payment was to be made at the time of delivery of the sofa set at the residence of the complainant.
On 20.10.2015 the opposite party sent the sofa set to the complainant’s house where the complainant received the sofa set and paid the remaining amount of Rs. 62,000/-. The staff of the opposite party assured the complainant that if there will be any defects within two years then he will get it replaced. After the sofa set was properly arranged and when the complainant used it she found out that there was a defect in the foam of the sofa set. Then, the complainant communicated to the staff of the opposite party and the staff of the opposite party assured that they will replace the same. When despite several reminders the opposite party did not replaced the sofa set or the foam of the sofa set then the complainant was forced to send legal notice to the opposite party on 28.06.2016 through her lawyer.
It is further asserted by the complainant that even after receiving the legal notice the staff of the opposite party did not pay heed and failed to redress the grievance of the complainant which causes health issues to the complainant and her family members.
The grievance of the complainant is that the sofa set or the foam of the sofa set has not been replaced by the opposite party despite several reminders and legal notice.
From the record it appears that registered notice sent to the opposite party did not return unserved then vide order dated 05.10.2017 valid Tamila was declared. Thereafter sufficient opportunity was allowed to the opposite party to file written statement but when the opposite party neither appeared nor filed written statement then the opposite party has been debarred from filing written statement vide order dated 29.05.2018 and this case was heard ex – parte.
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From bare perusal of complaint petition it appears that as all the facts stated above has been stated on oath and there is no counter version of the opposite party hence we are bound to accept the fact stated in the complaint petition which clearly disclose deficiency on the part of opposite party.
For the reason stated above we direct opposite party to refund Rs. 63,000/- ( Rs. Sixty Three Thousand only) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party will pay 10% interest on the above said amount of Rs. 63,000/- ( Rs. Sixty Three Thousand only) till its final payment.
The complainant is also directed to return the sofa set to the opposite party at the time of receiving the refund price of Rs. 63,000/-.
Opposite party is further directed to pay Rs. 5,000/- (Rs. Five Thousand only) to the complainant by way of compensation and litigation cost within the period of two month.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member(F) President
