Date of Filing: 02/09/2011

        Date of Order:18/10/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  18^th DAY OF OCTOBER 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO.1626 OF 2011

Hemavathi Gunashakeran,

8/1, 1^st Cross, Near Modi Hospital,

West of Chord Road, Indiranagar Colony,

Manjunathnagar, Bangalore-560 010.

(Rep. by In.person)                                                                 ….  Complainant.

V/s

House Full International Limited,

Rajajinagar Branch,

Above KFC, Near Modi Hospital,

Bangalore-560010.

Rep. by Manager.

(Rep. by In.person)                                                                …. Opposite Party.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Party to pay Rs.50,000/-, are necessary:-

The complainant purchased furniture namely (a) IOWA Beadroom Set bearing SKU No.100006443, (b) LiLi Four Seater Dining Set bearing No.100006570, (c) Chicago 3 STR MF 610 bearing No.100006901, (d) Fany Sofa 1STR MF 610 bearing No.100006693, (e) Mattress/Quilted/Eco Q/75X60X4 bearing No.900058846, by paying Rs.46,500/- on 20.02.2011 to the opposite party.  The details of the defects in the materials are:-

Wardrobe: the backside of the wardrobe is completely worn out and has been given a ugly patch up work by the carpenter in just 10 days from the date of purchase.  The wood that was claimed to be a pre-laminated board by the sales girl Champa and the showroom Manager Suresh are completely fault as it is evident from the peel off from the board attached to the wardrobe that it is just a wood paer sticked to a low quality ply board.

Dining Table: The glass top dining table’s leg has completely come out which could have created a mishap of the glass top falling and breaking into pieces, but due to the defect noticed by the complainant at an earlier stage the mishap has been avoided.

Dressing table: The wood that was claimed to be a pre laminated board by the sales girl Champa and the showroom Manager Suresh are completely fault as it is evident from the peel off from the board attached to the dressing table that it is just a wood paper sticked to a low quality ply board.  The whole dressing table is completely worn out and is shaking to its extent. 

Mattress: The mattress was exchanged 3 times from the time of purchase in 5 months due to the low grade quality.  And the mattress was exchanged after several requests and visits by the complainant to the showroom, but the quality still remains to be a question mark. 

Sofa Set: The cushions of the sofa set that was delivered were different than the one that was displayed at the time of purchase and as well was of low quality because it is completely submerging inside when a person is seated on it.  Again several complaints has been raised for the same but nobody from the opposite party has paid heed to the complainants request till now. 

Cot: Again of sub standard quality as it is not a pre laminated board and not of quality.

Since five months the complainant is complaining against these defects to the opposite party, but after a lot of mental harassment the opposite party has mentioned it in a white paper as complaint No. BNI/0911/03, but it has not been rectified.  Hence the complainant requested the opposite party to refund the money and also requested to exchange with a better quality material as it has not been complied this complaint is filed.

2.       In brief the version of the opposite party are:-

          The complainant never complained of any goods except the Mattress.  Every goods is imported manufacturing and not covered by any guarantee.  The principles of “Caveat Emptor” is applicable to the complainant.  The complainant should have given reasonable opportunity to the opposite party to resolve the grievances.  There is no manufacturing defect.  The damages may be due to her carpenter.  The Dining Table is folding and it can be unfolded by removing glass top.  Regarding the Dressing Table is made up of wood sheet with vinyl sheet pasted on it is the foreign manufacture and pre-laminated board is alleged as the dressing table is worn out may be due to mishandling.  The Mattress was replaced once to satisfy the complainant and not three times.  No substandard cushion has been put to the sofa set.  The allegations that the displayed sofa set is different from the one supplied.  The Cot and other furniture are laminated with vinyl sheet and not sun-mica sheet as alleged.  The goods ordered and delivered to the complainant was of imported made and of best quality.  Hence the question of providing superior quality does not arise.

3.       To substantiate their respective cases the parties have stated that their pleadings and documents be read as their evidence.  The arguments were heard.

4.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is any deficiency in service?
2. What Order?

5.       Our findings are:-

Point (A) & (B)         :           As per the final Order

                                       for the following:- 

-:REASONS:-

Point A & B:-

6.       Reading the pleadings in conjunction with the documents on record, it is an admitted fact that the complainant had placed an order with the opposite party for purchase of furniture namely (a) IOWA Beadroom Set bearing SKU No.100006443, (b) LiLi Four Seater Dining Set bearing No.100006570, (c) Chicago 3 STR MF 610 bearing No.100006901, (d) Fany Sofa 1STR MF 610 bearing No.100006693, (e) Mattress/Quilted/Eco Q/75X60X4 bearing No.900058846, on 20.02.2011 by paying Rs.46,500/-.  The opposite party got the furniture assembled and supplied to the complainant after 12 to 15 days from the date of placing the order.  Now it is an undisputed fact that the back side of the backside of the wardrobe is completely worn out within 10 days from the date of purchase, the glass top of the Dying Table has completely come out, the Dressing table wood peel off from the board attached to the dressing table has come out, the Mattress is damaged, the cushions of the sofa set is damaged and different.  The opposite party states and contends that it is imported one and the complainant must be held for “Caveat Emptor” this is an untenable contention.  When a person purchases material by paying some huge sum of money and if the materials suffers from defect within 10 to 15 days naturally it has to be replaced by the opposite party, but that has not been done.  How the defect occurred?  It was not visible at the time of purchase.  Contentions of opposite party is thus rejected.

7.       The opposite party contends that it has no warranty.  Only on the appearance the defects were not visible and it is taken to the house and used it and it is damaged naturally the material supplied is of defective in nature and it is manufacturing defect.  Hence it is deemed to be have warrantee.  

8.       The opposite party contends that it is imported one from where it is imported? How it is imported? When it has imported? Is not at all stated by the opposite party.  Which country is the origin of this furniture? Is not stated. 

9.       Anyway the materials supplied are defective and it has manufacturing defect.  Hence if we direct the opposite party to replace these materials with a brand new defectless materials within a particular date and if it is not replaced then directing the opposite party to pay the amount we think that will meet the ends of justice.  Hence we hold the above points accordingly and proceed to pass the following:-

ORDER

1.        The complaint is Allowed-in-part.

2.        The opposite party is directed to replace 10WA Bedroom Set bearing SKU No.100006443, LiLi Four Seater Dining Set bearing SKU No.100006570, Chicago 3 STR MF 610 bearing SKU No.100006901, Fany Sofa 1STR MF 610 bearing SKU No.100006693, Mattress/Quilted/Eco Q/75X60X4 bearing SKU No.900058846 with brand new defectless one within 30 days from the date of this order, failing which it shall pay to the complainant the sum of Rs.46,500/- together with interest thereon at the rate of 12% per annum from 20.02.2011 until payment within 60 days from the date of this order.

3.        The opposite party is also directed to pay to the complainant a sum of Rs.2,000/- as costs of this litigation.

4.        The opposite party is directed to comply the above order and submit the compliance report to this Forum with necessary documents within 45 days from the date of this order.

5.       Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

6.       Send a copy of this order to both the parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 18^th  Day of October 2011)

MEMBER                                               MEMBER                                         PRESIDENT