BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> <br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENA KUMARI .A : MEMBER<br /> SMT. S.K. SREELA : MEMBER<br /> <br /> O.P.NO. 320/2003 Filed on 16..08..2003<br /> <br /> Dated: 25..02..2008<br /> Complainant:<br /> <br /> N.G. Vargheese, Ani Cottage, Salempuram,<br /> Pathanapuram.<br /> <br /> Opposite party:<br /> <br /> Manager, Arafa Crafts, 1399 Eranthottam, Swathy Main Road,<br /> Ganapathy, Coimbatore – 641 006. <br /> <br /> (Saphalya Shopping Complex, Palayam, Thiruvananthapuram.)<br /> <br /> ORDER<br /> <br /> SHRI. G. SIVAPRASAD, PRESIDENT:<br /> This complaint is filed for directing the opposite party to refund Rs. 250/- with interest thereon and for other reliefs, to be realised from opposite party. It is stated in the complaint as follows:-<br /> 2. The complainant had booked one T.V stand to accommodate computer and its accessories vide order form of the petitioner by paying Rs. 250/- at opposite party's office at Thiruvananthapuram on 22..10..2002. Opposite party agreed to deliver the above said articles within 10 days from the date of the order. The said articles not delivered till date even after repeated contacts. Hence complainant sent a registered letter on 01..04..2003, even after the said letter opposite party failed to deliver the said article. So the complaint is filed for refund of Rs. 250/- with interest thereon and for other reliefs.<br /> 3.Opposite party served notice in Coimbatore address as well as Thiruvananthapuram address and both notices returned “Unclaimed” and opposite party failed to appear before this Forum and hence set exparte.<br /> <br /> 4. The points that would arise for consideration are:-<br /> (i)Whether there is deficiency of service on the part of the opposite party? <br /> (ii) Reliefs and costs?<br /> 5. On the part of complainant, complainant was examined as PW1 and Exts. P1 to P3 are marked.<br /> 6.Points (i) & (ii):- The complainant booked one T.V stand to accommodate computer and its accessories vide order form of the complainant. The said order form is marked as Ext.P1. As per Ext.P1, the price of the above said article comes to Rs.3,750/- (Rupees Three thousand seven hundred and fifty only) out of which it is seen that on 22..10..2002, the complainant paid Rs.250/- as advance for the said article. The remaining amount of Rs.3,500/- agreed to be paid at the time of the delivery of the article to the complainant. The case of the complaint is that, on receiving advance amount of Rs.250/- from the complainant, opposite party agreed to deliver the said article either at Pathanamthitta or at Adoor within 10 days from the date of order. But till the date of complaint, the said article was not delivered by the opposite party. The complainant contacted the opposite party at Thiruvananthapuram Office in person and over phone several times. It was stated by the complainant that opposite party's representatives told him that the said article would be delivered very shortly. Till date the same has not been reached the complainant. So the complainant sent a registered letter with acknowledgement due to the opposite party. The copy of the said letter is marked as Ext. P2. In the said letter, it is stated that, the complainant has incurred so much money and time for getting the aforesaid articles. The complainant requested the opposite party to deliver the said article or to refund the money advanced and to pay damages sustained by the complainant. It is further stated in the Ext. P2 letter that, opposite party is liable to pay advance amount of Rs. 250/-, interest at 18% per annum for the said rupees, telephone charges (STD 10 times @ Rs.20/- each call) and Rs. 600/- towards travelling expenses from Pathanapuram to Thiruvananthapuram. The opposite party received Ext.P2 letter sent by the complainant and the acknowledgement card for the same is marked as Ext.P3. Even after the receipt of Ext.P2 letter, opposite party failed to respond positively. Moreover opposite party remained ex-parte and the case of the complainant hence remains unchallenged. Eventhough complainant failed to produce receipts for phone calls and travel tickets towards expenses incurred by the complainant from Pathanapuram to Thiruvananthapuram, it can be inferred that the complainant may have incurred such expenses as claimed in the complaint as per Ext P2, considering the situations and the depositions made by the complainant. This Forum is of the view that, in the absence of receipts and travel tickets and the very same remains unchallenged by the opposite party, the claim of the complainant is genuine. By perusing the exhibits and depositions of PW1, it is clear that a case of deficiency of service has clearly been made out against opposite party. Hence the complainant is entitled to get refund of Rs.250/- towards advance amount paid with 12% interest thereon and Rs. 1,000/- towards compensation and costs.<br /> <br /> 7.In the result the complaint is allowed, directing the opposite party to pay the complainant Rs.250/- (Rupees Two hundred and fifty only) with 12% interest from the date of filing of this complaint till realisation. The opposite party is also directed to pay Rs. 1,000/- (Rupees One thousand only) as compensation and costs. The order is to be complied within one month from the date of this order.<br /> <br /> <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 25th day of February, 2008. <br /> G. Sivaprasad,<br /> President.<br /> <br /> Beena Kumari.A, Member.<br /> <br /> <br /> S.K. Sreela, Member.<br /> <br />