Date of filing:22.1.2014
Date of Disposal:15.9.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SMT N. TRIPURA SUNDARI, B. COM., B. L., PRESIDENT (FAC)
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
MONDAY, THE 15TH DAY OF SEPTEMBER, 2014.
C.C.No.27 OF 2014
Between :
Morampudi Kishore Kumar @ M.Kishore Kumar, S/o Krishna Murthy, Hindu, 51 years, R/o D.No.33-21-23A, Flat No.304, Sai Karthik Heights, Gadde Baburao Street, Eluru Road, Seetharampuram, Vijayawada.
….. Complainant.
And
Furniture Point ultimate Comfort, Rep., by its Proprietor Sri Sanjay Sharma, Door No.27-18-85, First Floor, Congress Office Road, Governorpet, Vijayawada – 520 002.
…....Opposite Party.
This complaint is coming before us for final hearing on 8.9.2014 in the presence of Sri Ch.Manmadha Rao, Advocate for complainant and Sri T.Chiranjeevi, Advocate for opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President (FAC) Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
The averments of the complaint are in brief:
1. The complainant with an intention to purchase a L shape sofa set, approached the opposite party and on assurance given by the opposite party with regard to supply of his required sofa set within agreed period, the complainant placed an order dated 30.11.2012 for supply of L shape sofa set. The opposite party issued quotation/estimation dated 30.11.2012 for total cost of Rs.45,000/- and agreed to supply sofa set within 2 to 3 weeks and also received Rs.5,000/- towards advance from the complainant. Subsequently the complainant approached the opposite party to get delivery of the sofa set on payment of the balance cost of the same, but the opposite party postponed the same and made the complainant to go round him for several times. The opposite party failed to deliver the sofa set as agreed inspite of his several visits the complainant got issued a legal notice on 28.6.2013 demanding the opposite party to refund the advance amount paid by him along with interest and compensation. The opposite party received the said notice and kept quiet which amounts to deficiency in service on his part. Hence the complainant is constrained to file this complaint against the opposite party praying the Forum to direct the opposite party to refund the advance amount of Rs.5,000/- paid by the complainant with interest at 24% per annum from 30.11.2012 till realization to pay Rs.10,000/- towards damages for deficiency of service and to pay Rs.15,000/- towards compensation for forcible depriving and enjoyment of L shape sofa set and also pay costs.
2. The version of the opposite party is in brief;
The opposite party denied all the allegations of the complaint and submitted that the complainant approached the opposite party to purchase L shape sofa set and got the quotation and estimation given by the opposite party. The complainant after giving estimation to make a sofa set as his desires the opposite party visited the house of the complainant and came to conclusion as said by the complainant. After that the opposite party started to make a sofa set after receiving advance of Rs.5,000/- out of Rs.45,000/- The complainant after giving estimation he changed his attitude and did not finalize the model and size of the sofa set what he required. Since three months the complainant used to round in opposite party shop for making sofa set but the complainant did not finalize the model and size of sofa set and he did not pay any further amount so far. The opposite party vexed with the attitude of the complainant and asked him to take back the amount of Rs.5,000/-. But the complainant used to say that he will give further amount. Except the court notice there is no prior notice or intimation from the complainant before filing of this complaint. The alleged quotation or estimation does not create any legal right as the customer did not sign on the estimation. The opposite party so many times tried to return the advance of Rs.5,000/- to the complainant but the complainant intentionally postpone to take back the said amount. Even today the opposite party is ready to refund the amount of Rs.5,000/-. There is no deficiency in service on the part of the opposite party towards the complainant and prayed to dismiss the complaint with costs.
3. On behalf of the complainant he gave his affidavit and got marked Exs.A.1 to Ex.A.4 and on behalf of the opposite party no affidavit is filed and no document is marked.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of the opposite party
towards the complainant in not refund the advance amount of the complainant?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the documents on hand the complainant approached the opposite party to purchase L shape sofa set and gave an order on 30.11.2012 under Ex.A.1 for total cost of Rs.45,000/- and paid Rs.5,000/- as advance for the same. The complainant says that he approached the opposite party for several times to get delivery of the sofa set by paying balance amount of Rs.40,000/-. But the opposite party postponed the same and failed to deliver the sofa set inspite of several visits of the complainant. Then the complainant got issued a legal notice Ex.A.2 dated 28.6.2013 demanding the opposite party to refund the advance amount of Rs.5,000/- with interest at the rate of 24% per annum and to pay damages, if the opposite party fails to refund the said amount with interest, the complainant will proceed to the Consumer Forum for relief. The opposite party received the said notice under Ex.A.3 and kept quiet without giving any reply.
7. The contention of the opposite party that he started the work of L shape sofa set after receiving the advance of Rs.5,000/- out of total cost of Rs.45,000/- from the complainant. But after giving order to make sofa set, he changed the model given by him and not finalize the model and size of sofa set. Since three months the complainant used to round the opposite party shop and did not pay further balance amount so far. As vexed with the attitude of the complainant, the opposite party asked him to take back the advance amount. But the complainant used to say that he will give balance amount. The opposite party tried so many times to refund the advance amount, but the complainant postponed to take back the said amount. Even today the opposite party is ready to refund the amount of Rs.5,000/-.
8. In view of the above discussions there is no documentary evidence to show the contents of the opposite party when the model and size of the safe set is not finalized by the complainant and even when the opposite party received the legal notice dated 28.6.2013 from the complainant he has to refund the advance amount to the complainant which he received on 30.11.2012. But the opposite party received the advance and received demand legal notice and kept quiet without refund the said advance amount to the complainant. It clearly seems that there is deficiency in service on the part of the opposite party towards the complainant in not refunding the advance amount. Therefore he is liable to pay the advance amount of Rs.5,000/- to the complainant with interest from the date of receiving the same. The complainant is entitled to get the same from the opposite party. Accordingly these points are answered.
POINT No.3:-
9. In the result, the complaint is allowed in part and the opposite party is directed to refund the advance amount of Rs.5,000/- with interest at the rate of 6% per annum from the date of receiving from the complainant i.e., 30.11.2012 till realization and pay Rs.1,000/- as costs to the complainant. Time for compliance one month. Rest of the claims of the complainant are rejected.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 15th day of September, 2014.
PRESIDENT(FAC) MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite party:-
P.W.1 Morampudi Kishore Kumar @ None.
M.Kishore Kumar
Complainant (by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:-
Ex.A.1 30.11.2012 Quotation/Estimate.
Ex.A.2 28.06.2013 Office copy of legal notice.
Ex.A.3 . . Postal acknowledgement.
Ex.A.4 . . Photocopy of Aadhar card of complainant.
For the opposite party:-
Nil.
PRESIDENT(FAC)
