IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 16^th  day of May, 2011.

Present : Sri. Jacob Stephen (President).

Sri. N. Premkumar (Member)

C.C.No.173/10 (Filed on 10.12.2010)

Between:

Col. Surendran. M.N (Retd),

Puthuparampil House,

Valanjavattom.P.O.,

Pathanamthitta.                                                           …..    Complainant

And:

Malsa Furnishing Agencies,

High School Junction,

Thekkemuri, Sooranadu,

Kollam Dist.                                                                 ….     Opposite party.

O R D E R

Sri. N. Premkumar (Member):

                   Complainant filed this complaint for getting a relief from the Forum.

                   2. Fact of the case in brief is as follows:  Opposite party’s sales representative approached the complainant at his house for the sale of Bamboo curtain.  Accordingly complainant purchased 120 sq.ft. Bamboo curtain by paying ` 14,250 on 4.2.2010.  After a few days complainant noticed that one string of the curtain became defective due to faulty fittings.  Therefore it cannot be used.  After that several curtains were damaged due to woor borer.  He approached the opposite party several times for rectifying the defect.  But so far they have not rectified it.  It caused mental agony and hardship to him.  Hence this complaint.

                   3. Opposite party has not appeared.  Hence they were declared as exparte.

                   4. From the above pleadings, following points are raised for consideration:

                                (1) Whether the complaint is maintainable before the Forum?

                   (2) Whether the reliefs sought for in the complaint are  

                         allowable?

                   (3) Reliefs & Costs?

                   5.  Point Nos. 1 to 3:-  In order to prove the complainant’s case, complainant adduced oral evidence as PW1 and produced one document.  Document produced was marked as Ext.A1.  Ext.A1 is the bill of ` 14,250 issued by the opposite party.  After closure of evidence, complainant was heard.

                   6.  On the basis of the contention and argument of the party, we have perused the entire materials on record.  Complainant’s case is that, he purchased Bamboo curtain and paid ` 14,250.  But after a few days, it became damaged.  Though complainant approached several times, opposite party has not resolved the matter.  On a perusal of Ext.A1 it is seen that opposite party accepted ` 14,250 as price of the Bamboo curtain.  According to the complainant, one string of the curtain became defective and later several curtains were damaged due to woor borer.  By accepting Ext.A1 amount and not resolving the grievances of complainant in spite of the complainant’s demand is unjust, unfair and against the spirit of consumer justice.

                   7.  Opposite party has neither appeared nor adduced any evidence to disprove the complainant’s case.  Hence complainant’s case stands proved as unchallenged.  Ext.A1 shows that complainant paid the price of Bamboo curtain.  But the curtain has been damaged.  Opposite party is not willing to resolve the problem.  It is the boundan duty of opposite party to sell better items, without any fault.  Therefore opposite party’s attitude of not repairing or replacement of the damaged curtain is not only a clear deficiency of service but also an unfair trade practice.  Hence complaint is allowable.

             8. In the result, complaint is allowed thereby, the opposite party is directed to repair or replace the damaged parts within 15 days from the date of receipt of this order along with ` 2,000 (Rupees Two Thousand as compensation and ` 500 (Rupees Five hundred only) as cost to the complainant, failing which the complainant is allowed to realize `20,000 (Rupees Twenty Thousand only) in all with interest at the rate of 10% from today till the realization of the whole amount.

                   Declared in the Open Forum on this the 16^th day of May, 2011.

                                                                                                                                                                                  (Sd/-)

                                                                                                                                                                N. Premkumar,

                                                                                                     (Member)

Sri. Jacob Stephen (President)                  :         (Sd/-)

Appendix

Witness examined on the side of the complainant:

PW1 :  Surendran. M.N.

Exhibits marked on the side of the complainant:

A1     :  Bill dated 4.2.2010 for ` 14,250 issued by the opposite party to 

             the complainant.

Witness examined on the side of the opposite party:  Nil

Exhibits marked on the side of the opposite party:  Nil.

                                                                                                (By Order)

                                                                                     Senior Superintendent

Copy to:- (1) Col. Surendran. M.N (Retd), Puthuparampil House,

                       Valanjavattom.P.O., Pathanamthitta.                                                        (2)  Malsa Furnishing Agencies, High School Junction,

                       Thekkemuri, Sooranadu, Kollam Dist.

                 (3) The Stock File.