D.O.F:14/07/2023
D.O.O:16/05/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.214/2023
Dated this, the 16th day of May 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Rafeek
S/o Mohammed Sali (L)
Beerandikkara (H)
Arikkady
P.O.Bambrana, 671321
Kasaragod. : Complainant
And
M/s Backer Furniture Centre,
Railway station Road,
Kumbla P.O.
671321, Kasaragod. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The opposite party is conducting furniture business in Kumbla railway station road. The complainant purchased a cuboard from opposite party’s shop for Rs. 7,000/- on 10/06/2023. It is purchased to give as a gift to one of his relative. While unloading the product, there is a damage on the cuboard. As it was a rainy season, the cuboard was wrapped with tarpolin at the time of loading. While unloading the product, the damage is noticed. When the complainant requested for replacement, the opposite party abused him in filthy language. Due to deficiency in service and unfair trade practice on the part of opposite party, the complainant was insulted in front of friends and relatives. So he is seeking either replacement of the cuboard or to pay Rs. 20,000/- including the price of the cuboard with compensation and cost.
Notice of opposite party served, but he remained absent, name called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and documents produced are marked as Ext. A1 and A3. Ext. A1 is the invoice issued by opposite party, A2 is the photo of the cuboard and A3 is the receipt. The main questions raised for consideration are;
- Whether there is any deficiency in service on the part of opposite party?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
All questions can be discussed together. Complainant purchased a cuboard from the shop of opposite party to give it as a gift to his relative. As it is a rainy season, the cuboard was wrapped with tarpolin at the time of loading the product. After reaching home when unloading the product, the damage of the cuboard was noticed. The complainant contacted opposite party through phone and informed the damage of the product. But opposite party was not ready to give replacement. Hence the complainant was insulted in front of his friends and relatives. It is the responsibility of opposite party to give replacement in case of damage of the product. The Commission carefully gone through the affidavit and documents produced by the complainant. Even though the complainant requested him for replacement, it was not allowed. The act of not allowing the replacement of the product sold by him amounts to unfair trade practice and deficiency in service. The complainant is entitled to relief in this case. In the absence of rebuttal evidence, opposite party is liable either to replace the product or give compensation including the cost of the cuboard and his mental agony and hardships.
The prayer of the complainant is to replace the cuboard or to give a compensation of Rs. 20,000/- including damages. As the opposite party was not heeded the request of the complainant for replacement, it is better to allow compensation.
In the result, complaint is partly allowed, directing opposite party to refund Rs. 20,000/- (Rupees Twenty thousand only) including the cost of the product and compensation for his mental agony and hardships within 30 days from the date of receipt of copy of this order. On giving the amount, the opposite party can take back the cupboard from the complainant.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Invoice
A2 – Photo of the cuboard
A3 – Receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
