Date of Filing:14.01.2008 Date of Order: 06.03.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 6TH DAY OF MARCH 2008 PRESENT Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 152 OF 2008 Venkatesh K.S, No.23, 7th Main, C Cross, Rajiv Nagar, BSK III Stage, Bangalore-560 085. Complainant V/S LORMAN SOLUTIONS, No.11/1, III Floor, 59th Cross, 5th Block, Rajajinagar, Bangalore-560010. Opposite Party ORDER By the President Sri. S.S. Nagarale This complaint is filed seeking refund of Rs.3,000/- paid for purchase of electrical stove(magic stove) with compensation. The facts of the case are that, an exhibition was arranged on 26th December-2007 by Nilgiris called as Cake Exhibition in the Malya Hospital road. In that exhibition there was a stall of electronic goods by LORMAN SOLUTIONS. In that stall complainant booked an electrical stove which costs Rs.3,000/-. He paid full amount at the time of booking through ICICI Credit Card. The company representative assured the complainant that product will be delivered within 2 or 3 days, but the complainant has not received the product. Complainant has reminded the opposite party several times. Therefore, he has filed a complaint seeking refund of amount with costs and compensation. 2. Notice was served to opposite party. Notice served by RPAD. In spite of service of notice opposite party has not appeared and contested the matter. The opposite party placed exparte. 3. Complainant has filed affidavit evidence in support of his case. Arguments are heard. 4. The points for consideration are:- 1. Whether there was deficiency in service on the part of the opposite party? 2. Whether the complainant is entitled for refund of the amount with compensation? REASONS 5. I have gone through the complaint and the documents. The complainant has produced ICICI Bank slip. From this it is clear that, he has paid Rs.3,000/- to the opposite party for the product through his credit card. He has also produced advance receipt issued by the opposite party for Rs. 3,000/-. The complainant has stated in his affidavit that, he has booked the product and paid the amount, but he has not received the product as assured by the opposite party. He has demanded the opposite party to supply the product for more than ten times. In spite of that the opposite party has not supplied the stove as promised. Therefore, there is definitely a deficiency in service on the part of the opposite party. It is very unfortunate that the opposite party having taken amount from the complainant has failed to deliver the goods. This kind of trade practice should be condemned. The opposite party had a stall at the exhibition and in that exhibition the complainant booked the electrical stove and paid Rs.3,000/- through his credit card. Therefore, it is duty and obligation of the opposite party to supply the product immediately. But in this case, the opposite party has failed to deliver the goods. Therefore, the opposite party should be directed to refund the amount along with compensation to the complainant for mental tension, agony and inconvenience caused to him. It would be just fair and proper to direct the opposite party to refund Rs. 3,000/- with compensation of Rs.3,000/-. In all the opposite party has to pay Rs.6,000/- to the complainant. In the result, I proceed to pass the following:- ORDER 6. The complaint is allowed. The opposite party is directed to pay Rs.6,000/- to the complainant forthwith. The opposite party is directed to send the amount to the complainant directly through D.D or cheque with intimation to this Forum. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 6TH DAY OF MARCH 2008. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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