Date of filing : 19/07/2016
Order No. 10 dt. 10/04/2018
The case of the complainant in brief is that the complainant for the purpose of purchasing furniture from o.ps. paid total consideration price of Rs.95,512/- and the date of delivery was fixed on 5.5.16 i.e. one month after the date of placing order and the complainant requested the o.ps. to sent the items of furniture positively before the date of Grihaprabesh’’ i.e. on 9.5.16. The complainant found that the sofa cum bed and mirror of wardrobe were not delivered. The complainant repeatedly requested the o.ps. to deliver the same but they did not pay any heed. Subsequently the complainant sent lawyer’s notice demanding the amount of the price of those articles. Though o.ps. agreed to pay the amount but since the complainant was harassed by o.ps. the complainant filed this case praying for direction upon the o.ps. for refund of money as well as compensation and litigation cost.
The o.ps. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that before filing of this case o.ps. agreed to refund the amount, but the complainant did not accept the same. Since the articles as ordered by the complainant were not available, therefore those articles could not be provided to the complainant. The o.ps. had no intention to withhold the money of the complainant and for that purpose immediately after receiving the letter from the complainant the o.ps. informed the complainant to receive the amount to be paid by o.ps. but the complainant denied to receive the said amount. In view of such background of the case o.ps. prayed for necessary order may be passed to that effect.
On the basis of the pleadings of the respective parties following points are to be decided:
- Whether the complainant entered into a contract with o.ps. for purchasing the furniture?
- Whether the complainant paid the amount as demanded by o.ps.?
- Whether two articles were not provided to the complainant by o.ps.?
- Whether there is any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant for the purpose of purchasing furniture from o.ps. paid total consideration price of Rs.95,512/- and the date of delivery was fixed on 5.5.16 i.e. one month after the date of placing order and the complainant requested the o.ps. to sent the items of furniture positively before the date of Grihaprabesh’’ i.e. on 9.5.16. The complainant found that the sofa cum bed and mirror of wardrobe were not delivered. The complainant repeatedly requested the o.ps. to deliver the same but they did not pay any heed. Subsequently the complainant sent lawyer’s notice demanding the amount of the price of those articles. Though o.ps. agreed to pay the amount but since the complainant was harassed by o.ps. the complainant filed this case praying for direction upon the o.ps. for refund of money as well as compensation and litigation cost.
Ld. Lawyer for the o.ps. argued that before filing of this case o.ps. agreed to refund the amount, but the complainant did not accept the same. Since the articles as ordered by the complainant were not available, therefore those articles could not be provided to the complainant. The o.ps. had no intention to withhold the money of the complainant and for that purpose immediately after receiving the letter from the complainant the o.ps. informed the complainant to receive the amount to be paid by o.ps. but the complainant denied to receive the said amount. In view of such background of the case o.ps. prayed for necessary order may be passed to that effect.
Considering the submissions of the respective parties it is an admitted fact that the complainant for the purpose of purchasing the furniture paid an amount of Rs.95,512/-. The complainant was provided with some of the articles as booked by him, but two articles viz. sofa cum bed and mirror of wardrobe had been delivered, the complainant on numerous occasions requested the o.ps. for providing the same, but o.ps. ignored to fulfill the request of the complainant since those articles were not available with o.ps. On the basis of the said fact we hold that there is deficiency in service on the part of o.ps. and the complainant will be entitled to get refund of the price of those articles as well as compensation and litigation cost. Thus all the points are disposed of accordingly.
Hence, ordered,
that the CC No. 205/2017 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.48,000/- (Rupees forty eight thousand) only to the complainant along with compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
