DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB              : PRESIDENT

                Smt. PRIYA.S, BAL, LLB, MBA (HRM)       :  MEMBER

                     Tuesday  the 7^th December    2021

                                       C.C. 204/2019

Complainant

Shaju.U.N

Aailliyam, Kaviladath    

Civil Station (P.O)

Kozhikode – 678 020.

Opposite Party

Badriya

Exclusive Furniture  

Badriya Tower, Kottoor

Indianoor (P.O), Kottakkal,

Malapppuram – 676 503.

 ORDER

By Sri. P.C. PAULACHEN, PRESIDENT

           This is a complaint filed under  Section 12 of the Consumer Protection Act, 1986.

2.  The case of the complainant, in brief, is as follows:

    The complainant visited the exhibition of home appliances held in Kozhikode city on  15/12/2018.  There he visited the stall of the opposite party. He was attracted by the Arabian chair, sofa set etc exhibited in the stall. In connection with his house warming ceremony, the complainant  ordered a sofa set paying an amount of Rs.1,000/- as advance for which a receipt was issued. On 22/04/2019 he sent the photo of the furniture he wanted to the opposite party through wattsapp. On the same day a worker of the  opposite party came to his house and took measurements of the sofa  and informed that the   price would be Rs.66,000/-. The house warming ceremony was on 24/05/2019. It was informed that the furniture would reach from abroad on 20/05/2019 and the same  would be delivered  at his residence on 23/05/2019.  It was also informed that he need make payment of Rs.66,000/- only after  the delivery of the furniture. But the furniture was not delivered on 23/05/2019. On contacting the opposite party over telephone, the response was not satisfactory. The opposite party  pretended ignorance and stated that  the order might have been taken by the workers who were retrenched by him. The opposite party also informed that the furniture would not be supplied by him. On 26/05/2019 the complainant again contacted the opposite party, but in vain. The furniture was not supplied to him by the opposite party in spite of having received Rs.1,000/- as advance from him. The advance amount was not returned. He was put to mental and monetary loss and hardship by the act of the opposite party. Hence the complaint for compensation of Rs.25,000/-.

 3. Notice was served on the opposite party. But the opposite party remained absent and was set ex-parte.

4.The points that arise for determination in this case are :

1. Whether  there was any deficiency of service from the part of the opposite party, as alleged ?
2. Reliefs and costs.

 5. Complainant filed affidavit. Ext. A1 was marked.  

 6. Point No.1 – The complainant seeks to realise compensation of Rs.25,000/- from the opposite party for the reason that in spite of  having received advance amount of Rs.1,000/-, the opposite party did not deliver the sofa set ordered by him and thereby causing mental agony and monetary loss and hardship  because of the  deficiency of service on the part of the opposite party.

   7. The  complainant filed affidavit in terms of the averments in the complaint. It is averred that  in spite of having received the advance there was neglect on the part of the opposite party to deliver the sofa set to him. Ext.A1 bill supports  the case of the  complainant that he had paid Rs.1,000/- to the opposite party towards advance.

     8.  The evidence of the complainant stands unchallenged. The opposite party chose to remain absent and there is no contra evidence.   The complainant’s case stands proved through the affidavit filed and Ext.A1 document. Deficiency of service on the part of the opposite party stands proved.

    9. Because of the act of the  opposite party mental agony  and monetary loss was suffered by the complainant and he is entitled to be compensated adequately. The claim for compensation is Rs.25,000/- . The claim appears to be a bit excessive. However, the complainant is entitled to get reasonable compensation and also  return of the advance amount of Rs.1,000/-.  Considering the entire facts and circumstances of the case, we are of the view that a sum of Rs.3,000/- will be reasonable compensation in this case.

    10.Point No.2 :  In view of the finding on the above point, the complaint is disposed of  as follows:

1. CC 204/2019 is allowed in part.
2. The opposite party is  directed to return the advance amount of Rs.1,000/- (Rupees One thousand only) to the complainant with interest @ 6% per annum from the date of complaint i.e, 26/06/2019 till realisation.
3. The opposite party is directed to pay a sum of Rs.3,000/- (Rupees Three thousand only) to the complainant as compensation for mental agony.
4. The order shall be complied with within 30 days from the date of receipt of the copy of this order.
5. No order as to costs.

Pronounced in open commission on this the 7^th day of December 2021.

Date of Filing: 26/06/2019

                                                                   Sd/-

MEMBER

                                        APPENDIX

Exhibits for the Complainant :

Ext. A1 – Copy of the Bill No.8355

Exhibits for the Opposite Parties

     Nil -

Witnesses for the Complainant

        Nil

Witnesses for the Opposite Parties

    Nil –                                                               Sd/-

                                                                  PRESIDENT

                                                                   Sd/-

                                                                 MEMBER

                                                        Forwarded/By Order

                                                                   Senior Superintendent