BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 23/07/2014
Date of Order : 25/09/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 559/2014
Between
Molly Dominic, | :: | Complainant |
W/o. Mr. P.P. Dominic, D.D. Nest 9L, 2nd Tower, Thammanam-Kathrikkadavu Road, Kaloor. P.O. - 682 017. | | (Party-in-person) |
And
Indroyal Furniture Company (P) Ltd., | :: | Opposite Party |
Angel Arcade, N.H. Byepass, South Kalamassery, Kochi – 682 022. | | (Absent) |
O R D E R
V.K. Beena Kumari, Member.
1. The complainant filed this complaint alleging deficiency in service on the part of the opposite party and claiming refund of the amount paid to the opposite party towards installation of ward robe kitchen cabinet crockery shelf. According to the complainant, she paid Rs. 3,20,000/- to the opposite party towards the price of installed ward robe, kitchen cabinet and crockery shelf. It is stated that the entire installed ward robe, crockery shelf and kitchen cabinet were damaged due to the attack of the termites. Therefore, she had to suffer a lot of mental agony in view of the above situation. So, the complainant is before us seeking direction against the opposite party to pay Rs. 4,00,000/-, which includes the amount paid for the entire installations.
2. Despite notice issued from this Forum, the opposite party chose not to appear before this Forum for reasons best known to them. The documentary evidence adduced by the complainant are marked as Exts. A1 to A5. Neither oral nor documentary evidence adduced by the opposite party. Heard the complainant who appeared in person.
3. As per Ext. A2 dated 24-04-2008 produced before this Forum, the complainant purchased 3 ward robes, 1 kitchen cabinet and 1 crockery shelf and paid Rs. 3,20,000/-. Ext. A4 series photographs to go show that all the installations made by the opposite party are in a damaged condition. Thus, we are of the view that the opposite party had used inferior quality timber for the manufacture of the kitchen cabinet, ward robes and crockery shelf. Nothing is forthcoming from the opposite party despite notice issued from this Forum. In the circumstances, we partly allow the complaint filed by the complainant.
4. In the result, we partly allow the complaint and direct as follows :-
The opposite party shall refund Rs. 3,20,000/- (Rupees Three lakhs and twenty thousand only) to the complainant with interest @ 12% p.a. from the date of receipt of the above amount till realisation.
The opposite party is at liberty to dismantle the installation at their cost simultaneously.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 25th day of September 2014.
Forwarded/By Order, Sd/- V.K. Beena Kumari, Member.
Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the receipt dt. 23-04-2008 |
“ A2 | :: | Copy of the bill dt. 24-04-2008 |
“ A3 series | :: | Copy of the confirmed order |
“ A4 series | :: | Photographs (4 Nos.) |
“ A5 | :: | |
Opposite party's Exhibits :: Nil
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