2) The Commission issued notice to both the opposite parties. The opposite parties have neither entered appearance nor filed their version before the Commission, in spite of their having received the notice. Hence the proceedings against both opposite parties were set ex-parte and the case posted for evidence of complainant.
3) When the case came for evidence the complainant filed proof affidavit to the tune of the complaint filed by him in which he affirmed and explained all the allegations in the compliant. There are 7 documents produced from his side which are marked as Exts. A1 to A7. Ext. A1 is the Copy of the tax invoice No.2021-22/B2C/5165 dtd. 13/09/21, Ext. A2 is print out of the email communications between complainant and opposite parties. Ext. A3 is Screenshot of the Sofa branded “Nova” displayed in the website of https://www.furny.in . Ext. A4 is Photographs of the Sofa Unit received by the complainant. Ext. A5 is copy of the Legal Notice dtd.21/10/21. Ext. A6 is returned postal cover containing Notice refused by 1st opposite party. Ext. A7 is returned postal cover containing Notice refused by 2nd opposite party.
4) We have meticulously gone through the affidavit and perused the documents produced in this case. Ext. A1 to A4 explicitly reveals that the complainant was not satisfied with the sofa supplied by the opposite parties against his order. The specific case of the complainant is that the product received by him was not of the same quality and shape as displayed by the opposite parties in their website. Moreover the opposite parties did not take any steps either to inspect the product or make necessary arrangement to satisfy the complainant. But at the same instance the opposite parties unilaterally rejected the request of the complainant stating that the product manufactured and delivered by them was of the same nature as assured by them. If a customer is not satisfied with the product brought by him it is the lawful duty of the manufacturer and the dealer to take back the product and refund the price of the product by setting off any delivery expenses. Misleading advertisements is defined under Section 2(28) of the Act and includes any advertisement, which gives false description of a product or service, gives false guarantee misleading the consumers, conveys express representation constituting unfair trade practice and deliberately not revealing essential information about the product. The Callous attitude of the opposite parties towards the complainant is nothing but a sheer deficiency in service and unfair trade practice.
5) From Ext. A6 & A7 documents it is evident that the opposite parties deliberately refused to accept the notice sent by the complainant. The opposite parties have not cared either to enter appearance or to file their version before the Commission. The failure to submit their written version before the Commission amounts to admission of the allegations levelled against them by the complainant.
6) We are in the opinion that complainant established a cogent case before this Commission. The misdeeds on the part of the opposite parties constitute unfair trade practice and the complainant is entitled to get the amount of the Sofa paid by him. The wrong doing on the part of the opposite parties inflicted financial loss, agony and hardship to the complainant. Hence the opposite parties have necessarily to compensate the complainant.
In the result, the complaint is allowed and the opposite parties are jointly and severally directed to pay the complainant
- a sum of Rs.27,576/- (Rupees Twenty seven thousand five hundred and seventy six only) the price of the product along with interest @9% interest from the date of payment i.e. 13/09/21,
- pay the complainant a sum of Rs.20,000/- (Rupees Twenty thousand only) towards compensation for the financial loss agony and hardship he underwent,
- pay the complainant Rs.5,000/- (Rupees Five thousand only) towards cost of litigation. The opposite parties shall comply with the above direction within 30 days of receipt of copy of this order.
- The opposite parties are allowed to take back the sofa supplied to the complainant after payment of entire amount as per this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of September 2022.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Copy of the tax invoice No.2021-22/B2C/5165 dtd. 13/09/21
Ext. A2 print out of the email communications between complainant and
opposite parties.
Ext. A3 Screenshot of the Sofa branded “Nova” displayed in the website of
https://www.furny.in .
Ext. A4 Photographs of the Sofa Unit received by the complainant.
Ext. A5 copy of the Legal Notice dtd.21/10/21.
Ext. A6 returned postal cover containing Notice refused by 1st opposite party. Ext. A7 returned postal cover containing Notice refused by 2nd opposite party.
Id/- President
