SMT. MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite party to give the Divani Sofa to the complainant and to pay compensation and cost to the complainant for the deficiency of service and unfair trade practice on the part of opposite party.
The brief of the complaint
On 11/04/2024 the complainant approached the OP’s shop and he intended to purchase one Divani sofa exhibited before the shop. Then the OP given the estimate of the sofa for an amount of Rs.34,000/-. Thereafter the complainant agreed to purchase the sofa and paid an advance amount of Rs.3,865/- to OP. At the time of the oral agreement between the complainant and OP the complainant promised to complete the EMI loan up to December 2024. Then the complainant started the loan in the month of 2nd May 2024 through Bajaj Finance Ltd. At the time of receiving the advance amount the OP agreed that within one week he supplied the Divani Sofa to the complainant’s house. But after receiving the 5th installment itself, the OP is not ready to supply the Divani Sofa to the complainant. Without supplying the sofa the OP intentionally cheated the complainant. But after elapse of 6 months the OP is not supplied the sofa to the complainant. The act of OP the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP. Hence the complaint.
After filing this complaint notice issued to OP. OP received the notice and not appeared before the commission and no version filed. As such this case came to be proceed against the OP is absent and set ex-parte.
Even though the OP has remained ex-parte it is for the complainant to establish the allegations made by him against the OP. Hence the complainant was called up on to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 4 documents marking them as Ext.A1 to A4. The complainant was examined as Pw1. So the OP remains absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance at the relevant document of the complainant. Ext.A1 is the estimate issued by OP dated 11/04/2024 in favour of complainant for an amount of Rs.34,000/- and advance amount Rs.3865 EMI noted in Ext.A1 also. Ext.A2 is the receipt of 1st installment Rs.3865/- paid by the complainant to OP. Ext.A3 is the statement of account of the complainant. It clearly shows that the installment summary of the loan details in Bajaj Finance Ltd. The complainant had paid installment No.1 dated 02/05/2024 for an amount of Rs.4,250/- to OP. 2nd installment dated 02/06/2024 for an amount of Rs.4250/- to OP. 3rd installment dated 02/07/2024 for an amount of Rs.4250/- to OP. 4th installment dated 02/08/2024 for an amount of Rs.4250/- to OP. 5th installment dated 02/09/2024 for an amount of Rs.4250/- to OP. Ext.A4 is the photos produced by the complainant to show that the OP is agreed to deliver the Divani Sofa to the complainant within one week after received the advance amount ie, on 11/04/2024. But after receiving total amount of Rs.25,115/- (Rs.3865+Rs.21,250) the OP is not delivered the Divani Sofa to the complainant and he intentionally cheated the complainant. So there is deficiency of service and unfair trade practice on the part of OP. Under this circumstances we are of the considered view that the OP is directly bound to redressal the grievances caused to the complainant. So the OP is either to supply the Divani sofa to the complainant or to refund Rs.25,115/- to complainant along with Rs.7,000/- as compensation for mental agony caused to the complainant and Rs.3,000/- as litigation cost.
In the result the complaint is allowed in part directing the opposite party to deliver the Divani sofa to the complainant after receiving the balance amount of the Sofa Rs.8885/- (34000-25115) from the complainant or to refund Rs.25,115/- to complainant along with Rs.7,000/- as compensation for mental agony caused to the complainant and Rs.3,000/- as litigation cost within 30 days of receipt of this order. In default the amount of Rs. 25,115/- carries 12% interest per annum from the date of order till realization. Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exhibits for complainant
A1- Estimate
A2 – 1st installment receipt
A3 – Bank statement
A4- Photo
PW1-Anurag P P-complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
(mnp)
/Forward by order/
Assistant Registrar
