By Sri.P.K.Sasi, President :
The case of the complainant is that he has purchased a sofa settee from the opposite party by paying Rs.29,000/- in the month of May 2016. The opposite party assured one year guarantee for the sofa settee. Whereas, after few months the sofa settee showed complaints of stretching of material and the frame of the sofa was spoiled by the insects. When it was informed to the opposite party through the contact number provided by them he was told that they will come and get the defects rectified whereas, nobody came from the side of opposite party to inspect the sofa settee. Thereafter, they stopped to attend the phone calls made by the complainant. Then it was convinced by the complainant that the opposite party has sold low quality product by saying that it is the best among the available products by collecting huge amount from the complainant. The act of the opposite party not ready to replace the sofa settee with a new one as per the guarantee assured by them amounts to deficiency in service as well as unfair trade practice on their part. Due to the illegal and irresponsible act of the opposite party the complainant happened to sustain unnecessary mental agony and monetary loss. Hence, this complaint is filed.
2) On receiving complaint, notice was issued to the opposite party evenafter, accepting the notice the opposite party neither appeared before the Forum nor submitted any version hence set ex-parte and posted for complainant’s evidence.
3) From the side of complainant he has appeared before the Forum and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced original bill which was marked as Ext. P1. Since there is no contra evidence available before us we are inclined to accept the proof affidavit filed by the complainant and heard him in detail.
4) We have gone through the contents of affidavit and perused the Ext. P1 bill. Ext. P1 would go to show that the complainant had purchased a classic D321 model sofa settee from the opposite party by paying Rs.29,000/-. As per the rules and conditions stated on the back side of Ext. P1 bill the opposite party has assured one year guarantee for the product if at all there was any contra evidence for the opposite party they ought to have been appeared before the Forum and submitted their version. The complainant submitted that he is now using the sofa after some repair works by spending his own money. He further submitted that he could not enjoy the benefit of the sofa settee which purchased by spending huge amount.
5) Considering the points discussed hereinabove, we are of the opinion that the sofa settee sold by the opposite party was having defects and by without rectifying the defects or by replacing the defective product with a new one, the opposite party committed deficiency in service as well as unfair trade practice towards the complainant.
In the result, we allow this complaint and the opposite party is directed to pay Rs.15,000/- (Rupees Fifteen thousand only) as compensation and cost to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 9% interest for all those amounts till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of October 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits :
Ext. P1 Original bill.
Id/- President
