IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 30th day of April, 2024
Present: Sri.Manulal.V.S, President
Sri.K.M.Anto, Member
CC No. 285/2023 (Filed on 08/09/2023)
Complainant : Jose.T. Simon,
Thachara House,
Kanjirappally P.O,
Kunnumbhagom,
Kottayam - 686 507.
(By Advs: Rajeev.P. Nair & V.D. Joseph)
Vs.
Opposite parties : (1) Life Style International Pvt. Ltd.,
Grand Mall,
Edappally Junction,
Ernakulam - 682 024.
(2) Life Style International Pvt. Ltd.,
Represented by its Managing Director,
77 Town Centre, Building No.3,
West Wing, Off HAL Airport Road,
Yamlur P.O,
Bangalore – 560 037, Karnataka.
(Both by Adv: Radhika Rajendran)
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under section 35 of the Consumer Protection Act 2019.
The brief of the complaint is as follows.
The complainant had visited the 1st opposite party showroom on 18.02.2023 for purchasing a recliner sofa set. The complainant found a light brown recliner sofa set model, which was put on display in the showroom. The sales staff explained its features that it is an automatic model and suggested that there is a manual model of the same which is Rs.15,000/- less than the other one. Thereafter in the discussions and negotiations with the 1st opposite party, the opposite party offered to sell the product for Rs.1,64,172/- to which the complainant agreed and paid an advance amount of Rs.50,000/-. The opposite party assured to deliver the specific product to the residence of the complainant. The complainant paid the balance amount on 20.02.2023.
The opposite party had delivered the product on 7.03.2023. After unboxing the packages, the complainant had found that the colour of the product was different from the one which was ordered. The opposite party instead of delivering the manual light brown recliner sofa set had delivered a dark brown colour of the product having damages in the stitching of one sofa and damage in the leather covering of another sofa.
Even though the complainant protested, the delivery staff declined to take back the product. When the complainant contacted the sale personal of the opposite party she had assured that they would replace the same with the correct product within a week. Instead of replacing the product the opposite party sent people on 20.03.2023 to replace the damaged portion of one sofa already delivered. When the complainant contacted the sale staff, she informed that it was a mistake from their side and assured that they would replace the whole sofa within a week.
Later when the complainant contacted the sale staff, she had informed that the manual version of the product is not available and she had to enquire with the manufacturer about the availability of the product.
The complainant informed his willingness to purchase the automatic model by paying the price difference of Rs.15,000/-. The manager of the opposite party informed that the people from Bangalore will visit the complainant for redressing the grievance. Though some persons contacted claiming they are from Bangalore and would visit him on 11.04.2023, no such person had visited the complainant.
The complainant had caused a lawyers notice against the opposite party on 25.04.2023 but there was no response from the opposite party. The complainant is entitled to get the product replaced as he had paid the amount for the purchase of light brown manual recliner sofa set and not any other colour or model. The act of the opposite parties amount to deficiency in service and unfair trade practice.
This complaint is filed for getting a direction to the opposite parties to replace the dark brown manual sofa set with light brown manual recliner sofa set. If there is non-availability of the product, allow the complainant to buy automatic version of the product by paying Rs.15,000/-, being the price deference between the models or to return back the delivered product and get back Rs.1,64,172/- with 12% interest from 20.02.2023 till date of realization along with compensation of Rs.25,000/- for the mental agony and hardships.
On admission of the complaint, copy of the complaint was served to the opposite parties. The opposite parties appeared and filed their version.
The version of the opposite parties is that the complainant had purchased a Blake Manual Recliner Dark Brown -1 Seater+2 Seater + 3 Seater product on 18-02-2023 under Invoice No.1450014668. At the time of purchase the complainant had looked at Electronic Recliner of Blake Model which was in brown colour. The complainant was interested in purchase of the manual recliner model and the store staff clearly explained that the Blake Manuel model comes only in dark brown and the complainant had accepted the product.
The opposite party had delivered the Blake Manuel recliner Dark Brown sofa set on 7-03-2023. The complainant raised a complaint CCM.111838 on 9-03-2023 stating that Blake 1 Seater Manuel recliner dark brown had scratches on the side. On inspection the complaint was found incorrect but as a matter of goodwill offered a replacement and replaced it on 21-03-2023.
The complainant raised another complaint CCM.112879 on 27-03-2023 stating that the manual Blake two Seater Manuel recliner Dark brown had some issues with the height. The concerned team of the opposite party visited and found that there were no issues and informed the complainant.
On 5-04-2023 the complainant raised two complaints CCM.113369 for Blake two Seater and CCM.113370 for Blake 1 Seater that they had colour mismatch. The team of the opposite parties visited and found that there were no such issues in colour and informed to the complainant.
When the opposite party delivered the product to the residence of the complainant on 7-03-2023, the product was completely in good condition. After receipt of notice dated 25-04-2023, the concerned team of the opposite parties have been in contact with the complainant and has attempted to resolve the issue. The complainant was adamant to seek a replacement of the product Blake Manuel recliner without any reason and wanted an electronic recliner as a replacement.
The customer care of the opposite parties have always reached out to the complainant and attended the grievances. If the Blake Manual Recliner Dark Brown was the main concern of the complainant he would not have signed the delivery acknowledgements. Moreover he would immediately raise a complaint on the delivery date itself. The complainant as an afterthought and in order to have a Blake Electronic recliner had taken the reason of colour and made frivolous complaints in April 2023. The allegation of deficiency in service, manufacturing defect, unfair trade practice as alleged by the complainant are baseless in nature. The complainant is not entitled to get any claim or relief.
The complainant filed proof affidavit and marked documents Exhibits A1 to A3. The opposite parties filed proof affidavit and marked documents Exhibits B1 to B4.
On the basis of the complaint, version of the opposite parties and evidence adduced, we would like to consider the following points :
(1) Whether there is deficiency in service or unfair trade practice on the part of the opposite parties?
(2) If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider Point Nos. 1 & 2 together.
POINTS 1 & 2 :-
On going through the complaint, version of the opposite parties and evidence on record it is clear that the complainant had visited the 1st opposite party showroom on 18.02.2023 and had seen an automatic light brown recliner sofa set model, which was put on display in the showroom. The complainant had given order for the manual model of the recliner sofa set which was not physically inspected by the complainant for an amount of Rs.1,64,172/- and paid an advance amount of Rs.50,000/-. The product was delivered to the residence of the complainant on 07-03-2023.
Ext.A1 is the photographs of the sofa set and Ext.A2 is the copy of the legal notice dated 25-04-2023. Exts.B2 and B3 are the delivery acknowledgements of Blake Manual Recliner- Dark brown 1 Seater + 2 Seater +3 Seater sofa set delivered to the residence of the complainant on 07-03-2023. Ext.B4 is the delivery acknowledgment of Blake 1 Seater Manual Recliner – Dark Brown sofa to the residence of the complainant on 21-03-2023.
It is evident that the complainant had seen only the automatic model of the recliner brown sofa set on 18-02-2023 while visiting the opposite party shop and had given order for the manual model of the sofa set. Exts.B2 and B3 shows that the opposite parties delivered the recliner dark brown sofa set to the residence of the complainant on 07-03-2023. It is clear from Ext.B4 that a 1 Seater sofa set was replaced by the opposite parties on 21-03-2023 and the complainant had accepted the replacement.
Exts.B2 and B3 shows that the opposite parties delivered the recliner dark brown sofa set to the residence of the complainant on 07-03-2023. Moreover it is clear from Ext.B4 that a 1 Seater sofa set was replaced by the same colour sofa set on 21-03-2023 on a complaint raised by the complainant. It is pertinent to note that the issue regarding the change of colour of the sofa set was raised by the complainant only on 25-04-2023 while issuing the Ext.A2 legal notice.
Even though the complainant alleged that the order was given for a light brown colour sofa set, the invoice issued by the opposite parties for the purchase of the sofas is not produced by the complainant before the Commission. Had the invoice was produced, we would have an opportunity to ascertain whether the complainant had given order for the light brown sofa set or the dark brown sofa set.
On the basis of the above discussion we are of the view that the complainant failed to prove deficiency in service on the part of the opposite parties with cogent evidence. The complaint is to be dismissed.
The complaint dismissed.
Pronounced in the Open Commission on this the 30th day of April, 2024
Sri.K.M.Anto, Member Sd/-
Sri.Manulal.V.S, President Sd/-
APPENDIX :
Exhibits from the side of the Complainant :
A1 - Photographs of the sofa set (5 Nos)
A2 - Copy of legal notice dated 25/04/2023 issued by the
complainant to the 1st opposite party
A3 - Copy of delivery status of the legal notice
Exhibits from the side of the Opposite Parties :
B1 - Letter of Authorisation
B2 - Copy of Delivery Acknowledgement dated 7/03/2023
B3 - Copy of Delivery Acknowledgement dated 7/03/2023
B4 - Copy of Delivery Acknowledgement dated 21/03/2023
By Order,
Sd/-
Assistant Registrar
