Complaint No. :456/2009 Filed on : 09/07/2009 Decided on : 01/07/2010 Duration : 0 year 11 months 22 days BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE) Kaippallil Thomas Scaria D1/503, Gomati Co-op Hsg, Soc, Lokgram, Kalyan(E), Dist – Thane 421 306 ..Complainant V/s. Mr. Jayesh The Prop. Classique Furniture & Interiors Sai Sadguru Apt., Nr. Hotel Paradise, Birla College Road, Kalyan(W) ..Opponent
CORUM : HON'BLE PRESIDENT : SAU. SHASHIKALA S. PATIL HON'BLE MEMBER : MRS.BHAVANA PISAL HON'BLE MEMBER : MR. P. N. SHIRSAT Complainant in person Opposite Party in person J U D G E M E N T (1st JULY 2010) HON'BLE MEMBER : MR. P. N. SHIRSAT 1. This complaint is filed as per section 12 Under Consumer Protection Act 1986 and the brief facts of the complaint are narrated as under:- The Complainant is a 49 years old and serving in the Indian Navy. The Complainant has placed an order for dining table and 4 chairs of Teakwood quality for Rs.9,000/- on dt.29/05/2007 and also paid Rs.2,500 as advance towards the same. The articles are to be supplied within 20 days from the date of order. The Opponent could not do so within the time limit. Therefore the Complainant wanted to cancel the same. However the Opponent has delivered the table and chairs on dt.03/08/2007 with some modification for which the Complainant has paid remaining Rs. 6,500/-. Within 3 months of taking delivery of Dining table and chairs severe defects were noticed and the articles were not made up as per specification. The Complainant has requested many times to the Opponent for making proper repairs or replace the furniture vide his telephone calls and SMS dt.29/02/2008 and dt.24/03/2008. The Opponent has not taken any cognizance of the Complainant's complaint, causing him mental and physical harassment. Being aggrieved and dissatisfied by the deficient services of the Oppopnent, the Complainant has filed the Complaint in the forum stating .. 2 .. therein that this Forum has pecuniary as well as territorial jurisdiction to adjudicate and decide this complaint. The prayer of the Complainant is as follows:- 1. Opponent to replace dining table and chairs with good quality teakwood. 2.Opponent to pay Rs.10,000/- to the Complainant towards mental and physical harassment. 3.Opponent to pay Rs.1,500/- to the Complainant towards cost of the complaint.
2. The Forum has issued notice to the Opponent vide Exhibit no. 4. The Opponent has filed written statement vide Exhibit no, 8 wherein they have clearly admitted in the last parapgraph which states as follows:- Quote: ''आजही आमची त्यांना समाधान करुन द्यायची तयारी आहे. आमचे कुठलेही ग्राहक नाराज झाल्याचे आम्हाला परवडणार नाही. त्याची आम्हाला जाणिव आहे. बाकी विशेष दिनांक. 24/08/2009 च्या आपल्या प्रत्यक्ष भेट वेळी बघुया'' The Complainant has produced the following documents alongwith the complaint namely a)copy of furniture bill. b) Photographs of the furniture. In addition to above the Complainant has filed rejoinder, affidavit and written arguments. The Opponent has filed written statement clearly admitting the complaint. However they have not filed written arguments even thought ample opportunity was given to them. We have carefully perused the complaint and submissions of the Opponent. In this complaint the following questions are arises for our consideration which are as follows: A)Whether the Opponent has commited any deficiency/neglilgency in service towards the Complainant? Answer – Yes. B)Whether the Complainant is entitled for compensation on account of mental and physical harassment? Answer - Yes. REASONS A) Explanation: The Opponent has accepted Rs.2,500/- as advance against total consideration of Rs. 9,000/- for preparing Teakwood dinning table and 4 chairs. The Opponent could not prepare the above articles as per specification as there were many defects in the dining table and 4 chairs. It is clear from the above that there was privity of contract and also consideration between the parties.The Opponent being service provider has to comply with the complaint. But the Opponent miserably failed in their duties giving the rise for more grievances. The matter was placed in the LOK NAYALAYA on .. 3 .. dt.11/12/2009 for amicable settlement but could not do so. Thats why the matter was placed for final hearing and judgment, As the Opponent has argued in their written statement vide Exhibit no.8 clearly stating for carrying out the repaies or replacement as per the satisfaction of the Complainant. The contents of the complaint are not contraverted by the Opponent clearly admitting the Complaint. B.Explanation:- Due to negligency/deficiency of not providing good services as per specification the Complainant has to file the complaint causing lot of mental and physical harassment. The Complainant has contacted many lines telephonically as well as by SMS. We find there is merit in the complaint. Hence we pass the following order:- O R D E R 1.Complaint no.456/2009 is partly allowed. 2.The Opponent to replace the dining table and 4 chairs with good quality teak wood material forthwith. 3.The Opponent to pay Rs.2,000/- to the Complainant towards mental and physical harassment. 4. The Opponent to pay Rs.1,000/- (Rs. One Thousand Only) to the Complainant towards filing of the complaint 5. Opponent to follow this order within 30 days from the receipt of this order or else criminal proceedings shall be initiated. 6.Certified copies be furnished to the parties free of charges.
DATE : 01/07/2010 THANE
(SAU. SHASHIKALA S. PATIL) PRESIDENT
(MR. P. N. SHIRSAT) (MRS.BHAVANA PISAL) MEMBER MEMBER | 
