BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> <br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> <br /> C.C.No. 260/2005<br /> Dated : 29.03.2008<br /> <br /> Complainant :<br /> V. Vinod, S/o N. Vidhyadharan residing at Vidhya Bhavan, Sreenivasapuram P.O, Varkala.<br /> (By adv. Sri. V. Baby)<br /> <br /> Opposite parties :-<br /> 1.The Manager, Benoy Marbles and Granites, Ambala Nagar, Kowdiar, Thiruvananthapuram – 3.<br /> 2.Benoy Marbles and Granites, Ambala Nagar, Kowdiar, Thiruvananthapuram – 3.<br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 19..12..2005, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 06..03..2008, the Forum on 29..03..2008 delivered the following:<br /> ORDER<br /> <br /> SMT. BEENAKUMARI.A : MEMBER<br /> <br /> The complainant is V. Vinod who is an advocate by profession and Benoy Marbles and Granites are the opposite parties. The complainant visited the opposite parties' showroom at Pallipuram on 18.04.2005 to select granites for flooring his house situated at Varkala. He selected 'K White' brand of granite and paid an advance amount of Rs. 1000/- to the opposite parties and received the receipt on the same date. At the time of advance payment the opposite parties assumed that the same quality of granite will be given to him when he comes to take the whole delivery otherwise advance amount will be returned to him. <br /> 2. On 02.05.2005 the complainant visited the opposite parties' showroom for purchasing the 'K white' granite. On that day the particular brand was not available in the showroom and the opposite parties requested the complainant to come after two weeks. Accordingly the complainant again visited the show room on 28.05.2005 after enquired through telephone and the 1st opposite party replied that the 'K white' brand of granite is ready for delivery. But when the complainant reached the showroom to take the granite the above mentioned item was not available there. The opposite parties compelled the complainant to take another type of granite which was inferior in quality, but superior in price. When the sample shown to the complainant did not tally with the granite offered to deliver, the complainant had asked the 1st opposite party to return the advance amount. But the opposite parties are not ready to return the advance amount and also behaved indecently to the complainant. <br /> 3. Thereafter the complainant had issued a legal notice on 02.06.2005 to the opposite parties demanding refund of the advance amount of Rs. 1000/-. But the opposite parties did not return the advance amount. So the complainant was compelled to file this complaint before this Forum. As per the complainant, the acts of the opposite parties are a gross deficiency of service as stipulated under Sec. 2(o) and unfair trade practice under Sec. 2(r) of the Consumer Protection Act.<br /> 4. The opposite parties remain exparte. The complainant filed affidavit and Exts. P1 to P4 are the documents marked. Ext. P1 is the receipt of advance payment, Ext. P2 is the visiting card of salesman named Bens, Ext. P3 is the legal notice and Ext. P4 is the postal receipt and acknowledgement card. <br /> 5. The points to be considered are:-<br /> (1)Whether there is deficiency in service and unfair trade practice on the part of the opposite parties?<br /> (2)Whether the complainant is entitled to get the reliefs claimed?<br /> 6. Points 1 & 2:- The complainant has filed an affidavit in support of his complaint. Ext. P1 which is the receipt issued by the opposite party proved that the complainant has paid an amount of Rs. 1,000/- towards advance of granites. On the basis of the affidavit and the documents the claim has been proved. The complainant is entitled to get back the advance amount and interest. <br /> 7. In the result, complaint is allowed. The opposite parties are directed to pay the advance amount of Rs. 1000/- with interest at 12% from 18.04.2005 till realisation with cost Rs. 500/-. Time for compliance two months, failing which execution can be taken. <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 day of 29th March 2008.<br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br />