Chandigarh

DF-I

CC/535/2023

SAMRIDDHI BALI - Complainant(s)

Versus

FURNY THROUGH MANANGING DIRECTOR - Opp.Party(s)

01 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/535/2023
Date of Institution	:	14.11.2023
Date of Decision	:	1/04/2024

 

Samriddhi Bali D/O Yadvinder Bali

Address: H.NO. 766, Harmilap Nagar, Phase 1, Baltana, SAS Nagar, Mohali 140604

 

.........Complainant

Versus

 

1.       Furny through Managing Director

2.       Furny through Nandini (Sales Incharge)

Address 1: Standard Information Services Pvt Ltd, 104 1st Floor Topiwala Centre, Off S V Road Goregaon West, Mumbai Maharashtra 400062

Address 2: Standard Information Services Pvt. Ltd, Building No. A3, Gala No. 106-111, Harihar Complex, Dapoda village, Mankoli Naka, Bhiwandi, Thane, Maharashtra 421302

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Ms. Siddhi Bali, authorized representative of complainant
	:	OP No.1 exparte
		Complaint qua OP No.2 dismissed as withdrawn vide order dated 3.1.2024.

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that the OPs are engaged in the business of selling furniture. On 23.9.2022 the complainant placed an order for purchase of 7 seater fabric sofa set (hereinafter to be referred as subject sofa) by paying a sum of Rs.51999/- to  OPs vide invoices Annexure C-1. In pursuance to the aforesaid order the subject sofa set was delivered to the complainant by the OPs on 14.10.2022. However, on unpackaging of the subject sofa set,  the same was found with defective cushioning and wooden frame.  The cushioning of the  of the handrests and seats were damaged and the wooden frame was also sounding whenever a person gets up.   Immediately the complainant reported said defect to the OPs  through calls, whatsapp messages and through mail  and requested them for resolution and the  representative of OPs  assured the complainant that technician will be sent to look into the matter. After few days the Ops offered replacement  of the defective sofa to which the complainant also agreed. However, when nothing  was done by the OPs, the complainant tried to contact the Ops through call messages and emails and the Ops always assured the complainant that they will revert soon but later on stopped accepting calls and revert to the messages and emails sent by the complainant. As per terms and condition   Annexure C-2  the Ops had provided free return of the damaged or defective product  but nothing was done by the OPs. Ultimately the complainant was compelled to send legal notice Annexure C-3 but to no avail. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP No.1  was properly served and when OP No.1 did not turn up before this Commission, despite proper service, it was  proceeded against ex-parte on 3.1.2024.
3. The complainant withdrawn complaint against OP No.2  and accordingly the complaint qua Op No.2 dismissed as withdrawn against OP No.2 vide order dated 3.1.2024.

2. In order to prove her case, complainant has tendered/proved her evidence by way of affidavit and supporting documents.
3. We have heard the authorized representative of the complainant and also gone through the file carefully..
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that  she had purchased the subject 7 seater sofa   from the OPs by placing an online order and paid an amount of Rs.51999/-  to the OPs vide invoices Annexure C-1 and on unpackaging the subject sofa it was found with defective cushioning and wooden frame as is also evident from whatsapp details Annexure C-5 containing the photographs and the complainant requested for replacement or refund of the same to the OPs but the Ops stopped giving to response to the requests made by the complainant and it is also evident from record that during pendency of the complaint, the complainant has withdrawn the complaint against OP No.2, the case is reduced to a narrow compass as it is to be determined if the OP No.1  is unjustified in not   responding to the requests of the complainant and the complainant is entitled for the relief as prayed for and for that purpose the evidence led by the complainant is required to be scanned carefully.
   2. Annexure C-1 invoices clearly indicates that the complainant had paid an amount of  Rs.31,608/- through first invoice for 3+2 fabric sofa  set  whereas an amount of Rs.20,391/-  through second invoice for 2 seater  fabric sofa set  ordered by her from the OP No.1, making it further clear that the complainant had paid a total amount of Rs.51,999/- to the Op No.1 for the subject sofa set. Annexure C-2  clearly indicates  that the free return offer was made by the OP No.1  in case of damaged or defective product. In the case in hand as it is proved on record that the cushioning and wooden frame of the subject sofa was found defective  and despite of repeated requests made by the complainant  through calls, whatsapp message and emails, the OP No.1 failed to give any response to the complainant and till date neither the subject sofa has been replaced nor refund of  the sale consideration of the same has been made to the complainant, hence, the aforesaid act of the OP No.1 amounts to deficiency in service and unfair trade practice on its part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP No.1. Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP No.1  is directed as under :-

 

to refund ₹51,999/- to the complainant alongwith interest @ 9% per annum from  13.5.2023 i.e. after one month of the request made by the complainant to the Ops through legal notice for redressal of her grievance till onwards.

1. to pay an amount of ₹7000/- to the complainant(s) as compensation for causing mental agony and harassment to her;
2. to pay ₹7000/- to the complainant/s as costs of litigation.

 

5. This order be complied with by the OP No.1 within 45 days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. After compliance of the order the complainant shall return the subject sofa set to OP No.1 and the OP No.1 shall collect the same at its own risk and cost.
7. Pending miscellaneous application(s), if any, also stands disposed off.
8. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 1/04/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member
			Sd/-
			[Suresh Kumar Sardana] Member