Tamil Nadu

South Chennai

CC/138/2015

P.Velrajan - Complainant(s)

Versus

Fabric 33, Rep by its proprietor Mr.Gopinath - Opp.Party(s)

S.Sankaran

14 Dec 2015

ORDER

                                                                          Date of Complaint  : 24.03.2015

                                                                 Date of Order         :14.12.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                  :  PRESIDENT                     

                     TMT.K. AMALA, M.A. L.L.B.,                                :  MEMBER – I

                     DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II

                                                     

C.C.No. 138 / 2015

THIS  MONDAY  14^th  DAY OF  DECEMBER 2015

 

P. Velrajan,

S/o. P. Periyasamy,

Prince Village,

Block No.A4,

Flat No.108, No.31 & 33,

Ilaya Mudali Street,

Tondaiyarpet,

Chennai 600 081.                                               .. Complainant.

                                                         - Vs-

Fabric 33, Rep. by its Proprietor, Mr.Gopinath, No.12, Woods Road, Mount Road, Opp. To Express Avenue 7 Gate, Chennai 600 002.                                                .. Opposite party.		.. Opposite party.

 

For the complainant                     :   M/s. S.Sankaran & another     

For the opposite party                   :   Exparte   

 

           Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite party  to pay a sum of Rs.30,000/- for the cost of the two sets of defective sofas and also to pay a sum of Rs.2,00,000/- as compensation   with cost of the proceedings to the complainant.  

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

Even after receipt of the notice, the opposite party did not file written version.  Hence, the opposite party was set exparte on  2.6.2015.   The complainant filed proof affidavit.  Exhibits A1 to A4 were marked on the side of the complainant.  

2.     Perused the complaint, and the documents Ex.A1 to Ex.A4  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.  

3.      The complainant contended that he purchased two sets  of sofa which cost Rs.15,000/- each and other household materials for Rs.24,500/- on August 2013 and paid Rs.3,000/- as an advance amount on the same day.  Subsequently he also paid a sum of Rs.30,000/- on September 2013 and further paid Rs.21,500/- on 2.10.2013 and in the mean time the ordered soba sets were delivered on 2.10.2013.   Though the complainant insisted the opposite party to issue bill for the huge amount paid the same was denied by the opposite party.   The reason is known to the opposite party alone for the non issuance of the bill for the purchase made by him.  However the complainant made the payment through his State Bank of India Credit card only.    The opposite party also gave oral assurance of two years guarantee for the above products but within seven months of period the sofa sets have been flattened.    There are only two adults at  home the complainant and his wife along with  two year kid and therefore the usage of the sofa set were not much.   The sofa sets were compressed totally and immediately the complainant intimated to the opposite party and the workers of the opposite  party visited the said sofa set.  After inspecting the sofa sets they said that the compression is due to the manufacturing defect and the quality of the sponge is very low.    The opposite party also assured to replace the sofa sets or repair it.    But they failed to do so. 

4.     The complainant further contended that he visited the opposite party’s show room for more than 4 months but the opposite party failed to replace it.    Hence he also sent a letter to the opposite party to replace the sofa set but the same was returned as refused.   He also issued a legal notice to the opposite parties on 11.11.2014 which was received and acknowledged by them but failed to send any reply.   Hence it is crystal clear that the opposite party sold the defective product and not bothered to rectify the defects as such the opposite party committed deficiency of service and also caused mental agony to the complainant hence the complaint is filed for refund of the sum of Rs.30,000/- for the cost of the two sets of defective sofa and also for compensation and cost of the complaint.  

5.     The contention of the complainant that he had paid a sum of Rs.30,000/-, Rs.3,000/- and Rs.29,500/- to the opposite parties is proved through the bank statement Ex.A1.  

6.     The contention of the complainant that when the two sofa sets was delivered on 2.10.2013 after paying the entire amount through credit card he insisted the opposite party to issue bill for the huge amount made by him but they refused to issue bill for the purchase of items for a sum of Rs.54,500/- and also not issued any warranty card for the products  but gave only oral guarantee for two years, further unfortunately within seven months of period the sofa sets have been flattened and the sofa were compressed totally within the warranty period and he intimated the opposite parties and their workers visited the said sofa and informed that the compression was due to manufacturing defect and low quality of sponge and also assured to repair the said sofa or replace it, but the opposite parties failed to do so inspite of several phone calls and personal approaches made by the complainant,  as such he sent a letter to the opposite party on 6.8.2014 but the opposite party refused to receive the same and it was returned on 9.8.2014 and he also issued  legal notice to the opposite parties dated 11.11.2014 which was acknowledged by them but they failed to send any reply are all evidenced through Ex.A1 & Ex.A4.      

7.     It is the duty of the opposite party to issue the receipt on payment of entire amount for the items purchased.    But from the above facts and documents produced before this forum it reveals that even after receipt of huge amount of Rs.54,500/- the opposite party failed to issue any receipt.   Further even on receipt of complaint from the complainant on the defective sofa sets the opposite parties failed to repair it or to replace it.   The refusal of the letter by the opposite party and failure of sending any reply to the legal notice itself proves that the opposite party committed deficiency of service.   Moreover the non issuance of bill for the household article purchased by the complainant also amounts to deficiency of service.  

8.     Hence the contention of the complainant that the opposite party avoided to issue bill in order to cheat the complainant and also delivered defective sofa sets and also failed to repair it or replace it and as such they had committed deficiency of service and caused mental agony to the complainant is acceptable.  

9.     Whereas the opposite party has not appeared before this forum to give any contra evidence in order to defend their case and remained set exparte.  

10.    Considering the facts and circumstances of the case, we are of the considered view that the complainant is entitled for refund of the sum of Rs.30,000/- being the cost of two sets of defective sofa and also entitled for compensation for the harassment and mental agony caused by the opposite party.

11.     Under these circumstances we are inclined to allow the complaint in part and the opposite party is directed to pay a sum of Rs.30,000/-  and also to pay a sum of Rs.10,000/- as just and reasonable compensation and also to pay a sum of Rs.2,500/- as litigation charges to the complainant.  Since the compensation claimed by the complainant is exorbitant.  Considering the facts and circumstances of the case we are inclined to award just and reasonable compensation.

 In the result, the complaint is partly allowed.  The opposite party is directed to pay a sum of Rs.30,000/- (Rupees thirty thousand only) being the cost of two sets of defective sofa and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) as litigation charges to the complainant  within six weeks from the date of this order failing which the  above amounts (Rs.30,000/ + Rs.10,000/)  shall carry interest at the rate of 9% per annum from the date of order  passed till the date of realization. 

                Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the  14^th      day of  December    2015.

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

Complainant’s Side documents :

Ex.A1-         -       - Copy of Bank Statement.

Ex.A2-         -       - Copy of letter to opposite party.

Ex.A3-         -       - Copy of legal notice to opposite party.

Ex.A4-         -       - Copy of Ack. card.

 

Opposite party’s side documents: -    .. Nil ..   (exparte)

 

 

 

MEMBER-I                                         MEMBER-II                                          PRESIDENT.