Act for an order directing the opposite party to pay an amount of `14,000  with interest at 12% per annum and  `10,000 as compensation.

          The facts of the complainant’s case are as follows.  The opposite party is doing interior works and decorations under the name and style ‘Cee Tee Decorations’.  On 23.07.2011 opposite party took order from the complainant for the supply of two dressing tables as per the mode in the catalogue supplied by the opposite party.  An oral agreement was entered between the complainant and opposite party.  Opposite party agreed to deliver two dressing tables made of Teak wood and Irool, within 15 days of the date of order and complainant have to pay an amount of `28,000.  Towards that amount opposite party received `17,000 as advance from the complainant on different dates.  But opposite party delayed the supply of dressing tables.  Whenever complainant contacts opposite party he evaded from delivering the table by saying lame excuses.  In the meanwhile both sons in law of the complainant came into native place.  So complainant constrained to provide Ara with necessary interior decorations and purchased another two dressing tables.  Thereafter complainant approached opposite party and demanded to return the amount collected by the opposite party.  The opposite party agreed to refund the amount within 10 days and out of this amount on 04.11.11 the opposite party paid `3000 to the complainant.  When the opposite party failed to pay the balance amount complainant issued a lawyer notice demanding the opposite party to pay the balance amount of `14,000 within 15 days of the receipt of notice.  After receipt of notice on 14.04.2012 the opposite party brought a dressing table to the house of the complainant and kept it at the varanda of the complainant’s house.  When complainant came to know about the same he demanded the opposite party to take back the said dressing table by paying the balance amount of `14,000 as agreed.  But the opposite party not cared to do so. The opposite party has not delivered the dressing table in time and the dressing table supplied by the opposite party is not in accordance with the specification given by the complainant.  The construction of the dressing table is also not proper.  Thereafter the opposite party sent a reply stating false allegations.  The averment in the reply notice that the complainant unilaterally withdrawn from the contract is absolutely false.  The complainant alleges that after receipt of the amount the non-delivery of the dressing table within the prescribed time by the opposite party  caused deficiency of service and complainant suffered much mental agony.  Complainant assessed `10,000 as compensation for mental agony.  Hence the above complaint filed for getting an order directing the opposite party to refund `14,000 received from the complainant and to pay `10,000 as compensation.

          Forum sent notice to opposite party but opposite party not cared to appear and filed any version.  Hence opposite party called absent and set exparte.

          From the above pleadings the following issues are framed for consideration.

1.         Whether there is any deficiency of service on the part of opposite party in delivering dressing table to the complainant?

2.         If so what is the quantum of damage entitled by the complainant?

3.         Relief and cost.

The evidence of the complainant consists of chief affidavit of the complainant and Ext.A1 to A3 marked.

Issues No.1 and 2 :

          The complainant was examined as PW1. He deposed that on 23.07.2011  he had given an order to the opposite party to supply two dressing tables as per the model shown in the catalogue supplied by the opposite party.  The opposite party orally agreed to deliver two tables made of Teak wood or Irool by fixing `28,000.  The complainant alleged that he had paid `17,000 as advance to the opposite party.  But the opposite party failed to deliver the dressing tables as agreed.  Since the opposite party failed to provide the dressing table as agreed, complainant was constrained to purchase another table for decorating Ara in his house.  There after complainant met the opposite party and demanded for the return of the amount received from him.  The opposite party refunded `3,000 to the complainant and agreed to pay the balance amount of `14,000 within 10 days.  But the opposite party failed to pay the balance amount as agreed.  Hence complainant issued a lawyer notice to the opposite party demanding to pay the balance amount of `14,000 with cost within 15 days from the receipt of notice.  After receipt of notice the opposite party has brought a dressing table to the house of the complainant.   The said table brought by the opposite party was substandard one and the opposite party sent a reply notice raising false and frivolous contention.  The complainant submits that there is total deficiency of service on the part of opposite party in delivering dressing tables to the complainant as agreed. Due to the non delivery of the dressing tables as agreed by the opposite party, the complainant had suffered much mental agony and he was constrained to purchase another tables.

          The Ext.A1 is the receipt issued by opposite party.  Ext.A1 evidently shows that opposite party has received `17,000 as advance for the delivery of two dressing tables as per the specification shown in it.  But thereafter on 04.12.11 an amount of `3000 was seen returned to the complainant.  The solitary evidence adduced by the complainant will goes to show that there is laches on the part of opposite party in delivering dressing tables to the complainant.  The opposite party has not denied the fact that he had received `17,000 from the complainant. From Ext.A1 it can see that `3000 was refunded to the complainant.  There is no explanation by the opposite party why such amount was refunded.  The complainant in his chief affidavit submitted that the opposite party agreed to refund `17,000 received from the complainant.  Eventhough the opposite party brought one dressing table to the house of the complainant it is not in accordance with the specification given by the complainant.  The complainant does not want such a substandard dressing table supplied by the opposite party.  Since the opposite paty already admitted to refund the amount received by him there is no question of delivering dressing table to the complainant.  Here the complainant already submitted that he had purchased two dressing tables as per his choice he wants only to refund the amount paid by him to the opposite party.  Hence Ext.A2 notice was issued by the complainant to opposite party demanding to pay `14,000.  After receipt of the notice the opposite party without paying `14,000 brought one dressing table to the house of the complainant.  The complainant submits that the dressing table brought by the opposite party is substandard and he does not want the same.  Hence complainant demanded the opposite party to refund `14000 and to take back the dressing table supplied by him.  The opposite party has not adduced nay evidence to disbelieve the version submitted by the complainant.  The opposite party is not at all cared to appear before the Forum and dispute the allegation raised by the complainant.  From the evidence available on record the opposite party is liable to refund 14000 to the complainant.  In Ext.A2 lawyer notice complainant has not made any demand to pay `10,000 as compensation and the complainant has not adduced any evidence to prove the damage sustained to him due to the non-delivery of the dressing table by the opposite party.  Hence the complainant is entitled to get `14000 from the opposite party.  The complainant is also entitled to get 500 as cost of the proceedings.  The opposite party can take back the dressing table supplied to the complainant.  The issues are answered accordingly.

          In the result complaint is allowed directing opposite party to pay `14,000 (Rupees Fourteen Thousand only) along with `500 (Rupees Five Hundred only) as cost of the proceedings to the complainant within one month from the date of receipt of this order.  The opposite party can take back the dressing table supplied to the complainant when he paying the amount to the complainant.  Failing which complainant can execute as per the provisions of Consumer Protection Act.

          Dated this the 24^th day of August, 2012.

                            Sd/-                     Sd/-               Sd/-

                       President               Member          Member

APPENDIX

Exhibits for the Complainant

A1.  Receipt issued by OP dated 23.07.2011.

A2.  Copy of lawyer notice .

A3.  Reply letter dated 13.04.12.

Exhibits for the opposite party

Nil

Witness examined for the complainant

PW1.  Chief affidavit of the Complainant.

Witness examined for opposite party

Nil

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT