By Sri.P.K,.Sasi, President
The case of the complainant is that he had ordered classic corner sofa set and Divan cot on 27/9/2014 with the opposite parties by paying an advance of Rs.1,000/-. The cost for sofa agreed was Rs.29,500/- and divan cot was Rs.10,000/-. As per the terms of the order, the opposite party has to deliver the products within six months from the date of order. And the complainant has to pay the balance at the time of delivery. The opposite party also assured one year warranty for the products. But the sofa got badly damaged within six months from the date of delivery. Then the complainant contacted the opposite party through telephone, quoting the order form number, but there was no response from the side of opposite party. Hence a lawyer notice was issued. But it was returned stating abolished. Hence this complaint is filed for getting relief.
2. On receiving complaint, notice was issued to the opposite party by substitute service by publishing in newspaper. Even then the opposite party neither appeared before the Forum nor filed any version. Hence set exparte and posted for complainant’s evidence. From the side of complainant, he has appeared before the Forum and submitted proof affidavit, in which he has affirmed and explained all the averments stated in the complaint in detail. He has also produced three documents, which are marked as Exts.P1 to P3. Ext.P1 is brochure, Ext.P2 is lawyer notice returned and Ext.P3 is order form. Since there is no contra evidence from the side of opposite party, we are inclined to accept the proof affidavit filed by the complainant. We heard the learned counsel for the complainant in detail.
3. According to the complainant he booked for one classic corner sofa set and one divan cot. It was delivered on 1/6/16 and within six months itself the sofa set got badly damaged. Even after repeated requests made, no relief received from the side of opposite party. We have gone through the contents of affidavit filed and perused the documents produced. The Ext.P3 order form would go to show that the complainant has paid Rs.29,500/- for the sofa set and Rs.10,000/- for the divan cot. If at all there was any contra evidence for the opposite party, they ought to have been appeared before the Forum and submitted their version. The learned counsel argued that it is the practice of the opposite party that after taking orders from so many people and after cheating them they will leave the place to some other station. That is what happened here also.
4. Considering all these points, we allow this complaint and the opposite party is directed to return Rs.29,500/- (Rupees Twenty nine thousand and five hundred only) with 12% interest from the date of complaint along with Rs.3,000/- (Rupees Three thousand only) as cost of this complaint to the complainant within one month from receiving copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 28th day of April 2017.
