CONSUMER DISPUTES REDRESSAL COMMISSION – X

                           GOVERNMENT OF N.C.T. OF DELHI

                     Udyog Sadan, C – 22 & 23, Institutional Area

                                       (Behind Qutub Hotel)

                                        New Delhi – 110016

      Case No.174/21

Shaileshwar Dayal (Saleshwar)

S/o Sh. Pem Lal

Add:30/2, New Basti, Devli

New Delhi-110062. …..COMPLAINANT

Vs.   

1. Homstyl Furniture

A.P. Furnishers (India)

Through its Proprietor

2. Prabhjot Singh (Proprietor)

A.P. Furnishers (India)

3.  Anu Sachdeva (Sales Executive)

A.P. Furnishers (India)

All having office at :

C-25, Mansarovar Garden

Kirti Nagar, Main Road,

New Delhi-110015.…..RESPONDENTS

          Date of Institution-02.08.2021

          Date of Order- 14.06.2024

O R D E R

RITU GARODIA-MEMBER

1. The complaint pertains to defective goods sold by OP1 and OP2.

2. The brief facts are stated in complaint are that the complainant purchased a 3 + 4 V model sofa from OP1 and OP2 in December, 2019. The said sofa was delivered on 20.12.2019. He was assured one year warranty on the said product.

3. It is alleged that the defect started occurring within one week of the delivery of the sofa when one of the buttons got detached. Gradually, all the buttons started coming out one by one and the upholstered cloth was torn and ruptured within two months of the purchase.

4. OPs were informed about the said damage who assured replacement of the fabric at the cost of the complainant. The complainant asked for refund from OP but to no avail.

5. The complainant prays for refund of Rs.45,000/- along with interest of @18% per annum, Rs.2,00,000/- for mental and physical harassment, Rs.11,000/- towards legal fees and Rs.25,000/- towards litigation expenses.

6. Notice was issued to OPs but none appeared. OP was proceeded Ex-parte vide order dated 19.05.2023.

7. Complainant has filed its evidence by way of affidavit and exhibited the following documents:-

1. Copy of bill is exhibited as EX.CW-1/1.
2. Copy of warranty card is exhibited as EX.CW-1/2.
3. Copy of photographs is exhibited as EX.CW-1/3.
4. Copy of whatsapp chat is exhibited as EX.CW-1/4.
5. Copy of legal notice is exhibited as EX.CW-1/5.
6. Copy of postal receipts is exhibited as EX.CW-1/6.

8. The Commission has considered the documents on record. The invoice dated 01.12.2019 shows that one “Sofa green 3 + 4V model all over heritage falsa tanishka” was purchased for Rs.45,000/-. The same invoice shows that a chairs and dining table was purchased for Rs.22,800/-. The complainant has no trouble with the said dining table and chair set.

9. The photographs annexed shows that the upholstered fabric has ruptured at seams at various places. The WhatsApp chat annexed between the parties shows that the complainant made full payment on 20.12.2019. Thereafter, the said chat further reveals that the complainant complained about the buttons coming off on 01.04.2020. The pictures of the sofa was also shared with OP on the said chat on 25.06.2020 with the request for replacement of the fabric multiple times. OP2, the proprietor, agreed to the replacement by saying “sure sir” on 09.07.2020. However, no replacement was done.

10. It is clear from the photographs that the sofa set was ruptured at seams at various places. It is clear from the WhatsApp chat that a request for replacement was made to OP within few months of the purchase. However, no replacement was done till date. OP failed to appear and rebut these photographs or the WhatsApp chat.

11. Hence, we find OP1 and OP2 guilty of selling defective sofa set and direct it to refund Rs.45,000/- with 9% interest from date of purchase till payment. We also award a compensation of Rs.10,000/- towards mental harassment and agony and Rs.5,000/- towards litigation expenses.

12. Orders to be uploaded and complied within 30 days.  File to be consigned to record room.