Haryana

Ambala

CC/170/2023

THE WEEKEND BY CAKED. - Complainant(s)

Versus

M.S KERNING KRAFTS FURNITURE. - Opp.Party(s)

H.S BAIDWAN

20 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	170 of 2023
Date of Institution	:	01.05.2023
Date of decision	:	20.03.2024

The Weekend by Caked, 117-A, Alexendra Road, near G.M.N. College, Ambala Cantt through its Proprietor Shri Tushar Kansra.

          ……. Complainant.

Versus

1. M/s Kerning Krafts Furniture, F-856, Phase IV, Boranada, Jodhpur, Rajasthan through its Proprietor/ /authorized signatory Ms. Kunal.
2. Mr. Kunal Proprietor/authorized signatory of M/s Kerning Krafts Furniture, F-856, Phase IV, Boranada, Jodhpur, Rajasthan.

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Harpreet Singh Baidwan, Advocate, counsel for the complainant.                                                                                                             OPs already ex parte vide order dated 21.11.2023.                        

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To replace the defective furniture with a new one or to refund the amount of Rs.4,37,780/- along with 2% per month from the date of invoice till its realization.
2. To pay compensation to the tune of Rs.5 lacs on account of mental harassment and agony suffered by the complainant.
3. To pay litigation expenses to the complainant to the tune of Rs.33000/-.OR

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that Sh.Tushar Kansra is running a restaurant under the name and style of M/s Weekend by Caked, # 117-A, Alexendra Road, near G.M.N. College, Ambala Cantt as a Proprietor, for running his livelihood. He felt need of outdoor furniture and sofa set etc for his restaurant and as such approached the OPs for purchase of outdoor furniture like table, sofa, coffee table etc for his restaurant. OP No.2 allured the complainant that they having high quality outdoor sofa set, coffee table etc and that no climate effect will be there. It was further assured that if any cracks in the table or the colour of seat and pillow of sofa set is faded or any stain comes on sofa set within a period of one year, then they will replace the same with new one. As such, the complainant purchased outdoor sofa-1, Sofa-2, Sofa-4,, table-2 Coffee table-1, Coffee table-2, Indoor table, coffee table etc. vide invoice No. 455 dated 20.07.2022 for a total amount of Rs.4,37,780/-. Just, within a period of six months, the colour of fabric of pillows and seats of the sofa set got faded and there were cracks in coffee table. Thereafter, the complainant approached the OPs on 02.03.2023 and shared the photos of the sofa set and table and requested to resolve the problem but they gave lame excuses that they are busy due to Holi festival and after Holi Festival they will resolve the problem but they failed to take any action in the matter.  The complainant repeatedly gave messages on the whatsapp of OPs. On 25.03.2023, OP No.2 replied that let it know the dimensions of seats and pillows so that he can replace with new furniture but to no avail.  Due to supply of sub-standard furniture, sofa etc, the complainant has suffered lot of humiliation before his customer. Hence this complaint.
3.           Upon notice, none has appeared on behalf of the OPs before this Commission, therefore, they were proceeded against ex-parte vide order dated 21.11.2023.
4.           Learned counsel for the complainant tendered affidavit of Tushar Kansra Proprietor of M/s The Weekend by caked, 117-A, Alexendra road, near G.M.N College, Ambala Cantt. as Annexure C-A alongwith documents as Annexure C-1 to C-25 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that despite the fact that it was committed by the OPs that if any defect occurs in the said furniture within a period of one year from the date of purchase, they will replace the same or will refund the amount paid, yet, by not adhering to their promise, when defects in the furniture were reported to them, the OPs are deficient in providing service and indulged into unfair trade practice.
7.           The moot question which falls for consideration is, as to whether, the complainant is entitled to get any relief in this case or not. It may be stated here that to prove his case, the complainant has placed on record invoice dated 20.07.2022, Annexure C-1 showing that it paid an amount of Rs.4,37,780/-  towards purchase of the said furniture from the OPs. Photographs Annexure C-2 to C-14 of the defective furniture are also placed on record by the complainant which reveals that the said furniture is suffering from various defects like peeling of colour, fading of colour of cloth of the furniture; change of colour at many places; stitching of cloth of furniture is found to have left its place; the cushions of furniture have been defaced; cracks are found in the wood of the furniture etc. Some whatsapp chats have also been placed on record by the complainant having been exchanged with the OPs, Annexure C-15 to C-25 wherefrom it is evident that the OPs have committed to rectify the defects in the said furniture but they kept on giving excuses on the ground of manpower shortage or non availability of labour due to Holi festival.  It is  significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking their version, yet, nobody appeared on their behalf, despite service,  as a result whereof, they were proceeded against ex parte vide order dated 21.11.2023. The non-appearance of the OP shows that they have nothing to say in their defence against the allegations made by the complainant. Under these circumstances, it can easily be said that the act of the OPs in neither rectifying the defective furniture nor refunding the amount paid by the complainant towards the said furniture, amounts to deficiency in providing service, which has definitely caused a lot of mental agony and harassment, including financial loss to the complainant.
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-
   1. To replace the defective furniture with a new one or in the alternative to refund the entire amount of Rs.4,37,780/- to the complainant.
   2. To pay Rs.5,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.3,000/- as litigation expenses

 

The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.  

  Announced:- 20.03.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President