COMPLAINT FILED: 25.08.2008<br /> <br /> <br /> <br /> 26th SEPTEMBER 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> <br /> COMPLAINT NO. 1872/2008<br /> <br /> <br /> COMPLAINANT Shri. Vasant Rao. V. Jajee,<br /> S/o. Vasudev Rao Jajee,<br /> Aged about 74 years,<br /> Occ: Business,<br /> Residing at Apt. No. 305,<br /> Hara Homes C Block,<br /> Bhuvaneshwari Nagar,<br /> B.S.K. III Stage,<br /> Bangalore – 560 085.<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY IN STYLE,<br /> Show Room – 1st Floor,<br /> Sree Nanjundeshwara Complex,<br /> Opp: Nilgiris, Subhiksha,<br /> Kammanahalli Main Road,<br /> Bangalore – 560 084.<br /> <br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant to direct the Opposite Party (herein after called as O.P) to refund the cost of the sofa set and for such other reliefs on an allegations of deficiency in service and unfair trade practice. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> Complainant purchased one sofa set from OP on 03.03.2008 for a total cost of Rs.32,000/-. Within a week or so he noticed the joints of the sofa set were not proper, they are torn out, stitches are opened, thus sofa set become unusable. Though complainant invested his hard earned money, he is unable to reap the fruits of his investment. He immediately contacted the OP either to replace the sofa set or refund the cost of the same. There was no response. The hostile attitude of the OP made him to suffer both mental agony and financial loss, that to for no fault of his. Thus he felt the unfair trade practice and deficiency in service on the part of the OP. Under the circumstances he is advised to file this complaint and sought for the relief accordingly.<br /> <br /> 2. On admission and registration of the complaint, notices were sent to the OP. Though OP was duly served with a notice, remained absent without any sufficient reason or cause. The absence of the OP does not appears to be as bonafide and reasonable, hence OP is placed ex-parte.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed his affidavit evidence and produced some documents. OP did not participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that he purchased one sofa set worth of Rs.32,000/- from OP on 3rd March 2008. The delivery challan cum receipt is produced. Within a span of a week or so he noticed the defect in the manufacture of the said sofa set, the joints of the sofa sets were torn, stitches were opened, it has almost become unusable. The photographs of the said sofa sets are produced. Complainant immediately contacted the OP to rectify the said defect or replace the said sofa set with a brand new defect free one. But his requests went to the deaf ears of the OP. Under the circumstances he is advised to file this complaint.<br /> <br /> 5. The evidence of the complainant appears to be very much natural, cogent and consistent. There is nothing to discard his sworn testimony. Though complainant invested his hard earned money, he is unable to reap the fruits of his investment. OP having collected the huge amount, failed to supply the defect free sofa set thereby accrued the wrongful gain to itself and caused the wrongful loss to the complainant, that too for no fault of his. The non-appearance of the OP evenafter the due service of the notice leads us to draw an inference that OP admits all the allegations made by the complainant in toto. Under such circumstances we have no other go but to believe the say of the complainant. There is a proof of deficiency in service and unfair trade practice. Hence the complainant is entitled for the relief claimed. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP is directed to replace the said sofa set with a brand new defect free to the satisfaction of the complainant within 1 month from the date of communication of this order. In default refund Rs.32,000/- with interest at the rate of 9% p.a. from 03.03.2008 till realization and pay a litigation cost of Rs.500/- and take back the defective sofa set supplied under the delivery challan referred to by the complainant. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 26th day of September 2008.) <br /> <br /> <br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> p.n.g. <br />