DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Thursday the 23th day of November 2023
CC.335/2023
Complainant
Thajudheen. K,
S/o Ibrahim. K,
Kollandi (HO),
Apartment No. A7,
Spice Apartment, Karaparamba,
East Hill, West Hill. P. O,
Pin - 673005
(By Adv. Sri. Jitty Cholamattam )
Opposite Parties
Classic Curtain ans Sofa Works,
Athanikkal,
Kozhikode - 673035
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
In May 2022 an order was placed with the opposite party for making a sofa set for the use in the flat of the complainant. The price of the sofa set was Rs. 46,000/-. On 16/06/2022 the sofa set was ready. The entire payment was made by the complainant. It was assured that there would be no problems to the sofa set for 10 years. But after 3 months, the sofa set became defective. The stitches were broken and sponge and nails were visible and the entire sofa set has an ugly look. All these defects were due to the poor workmanship and low quality materials used. There was an understanding that in case of any defect within 3 years, the price would be refunded after taking back the sofa set and if the defect occurred after 3 years, the same would be rectified free of cost. Though the opposite party was approached, he did not take back the sofa set or repair the same stating one reason or other. The act of the opposite party amounts to unfair trade practice and deficiency of service. Hence the complaint to direct the opposite party to refund the price after taking back the sofa set and to pay compensation of Rs. 15,000/- for the deficiency of service and also Rs. 1,00,000/- as compensation for the mental agony and hardship suffered.
- The notice issued from this Commission on 01/09/2023 was duly served on the opposite party on 08/09/2023. But the opposite party did not respond to the notice and remained absent and hence set ex-parte.
- The points that arise for determination in this complaint are;
1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2) Reliefs and costs.
- The complainant was examined as PW1 and Exts. A1 to A3 and A4 series were marked.
- Heard.
- Point No.1: The complainant has approached this Commission alleging that the sofa set made by the opposite party after accepting Rs. 46,000/-as price became defective before 3 months and the opposite party neglected to address his concerns over the sofa set.
- The complainant, who was examined as PW1, has deposed in terms of the averments in the complaint and in support of the claim. Exts. A1 and A2 are the screen shorts of google pay transaction, Ext. A3 is the copy of the lawyer notice and Ext. A4 series are the photographs and the bill.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts. A1 to A3 and A4 series. The act of the opposite party in selling a defective sofa set and the further neglect to attend the grievance of the complainant amounts to unfair trade practice and deficiency of service. The complainant is entitled to get refund of the price of the sofa set. Undoubtedly, the act of the opposite party has resulted in gross mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this regard. The complainant is also entitled to get Rs. 3,000/- as cost of the proceedings.
- Point No. 2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC 335/2023 is allowed in part.
- The opposite party is hereby directed to refund the purchase price of Rs.46,000/- (Rupees forty six thousand only) to the complainant, after taking back the sofa set.
- The opposite party is directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) to the complainant as compensation for the mental agony and inconvenience suffered.
- The opposite party is directed to pay a sum of Rs. 3,000/- as cost of the proceedings to the complainant.
- The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 46,000/- (Rupees forty six thousand only) shall carry an interest of 6% per annum from the date of this order till actual payment.
Pronounced in open Commission on this, the 23st day of November, 2023.
Date of Filing: 02/08/2023
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PRESIDENT MEMBER MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 – Screen short of google pay transaction.
Ext.A2 – Screen short of google pay transaction.
Ext.A3 – Copy of the lawyer notice.
Ext.A4 – Photographs and the bill.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 – Thajudheen. K,(Complainant)
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PRESIDENT MEMBER MEMBER
True Copy,
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Assistant Registrar
