Kerala

Thiruvananthapuram

CC/364/2021

Alex K Ipe - Complainant(s)

Versus

Manager,Alfa furniture - Opp.Party(s)

30 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

                  SRI.P.V.JAYARAJAN       : PRESIDENT

                SMT.PREETHA G NAIR    : MEMBER

                                          SRI.VIJU.V.R                : MEMBER

 

CC.NO.364/2021 (Filed on: 24.11.2021)

ORDER DATED : 30.06.2022

 

COMPLAINANT

Alex K Ipe,

I.A.Cordial Esate,

Law College Junction,

Vanchiyoor.P.O

Thiruvananthapuram – 695035

 

(Party in person)

                                                          VS

 

OPPOISITE PARTY

 

The Manager,

M/s.Alfa Furniture, Door No.VIII 374 A,

Thalakkottukara.P.O

Kecherry, Thrissur- 680501

(Exparte)                                      

ORDER

SRI.P.V.JAYARAJAN                : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.       The complainant’s case is that the opposite party has conducted a Sales Exhibition at Thiruvananthapuram and by seeing the advertisement published by the opposite party, on 16.10.2018 the complainant went to that exhibition and placed order for furniture worth Rs.1,02,500/- and a sum of Rs.2000/- was paid as advance. The complainant’s further case is that when he visited the other stalls in the same exhibition, he noticed that the very same quality furniture is available for a lesser price. Immediately the complainant went to the opposite party’s stall and cancelled the order already placed by him with the opposite party. When the complainant demanded the advance amount of Rs.2000/-, the opposite party refused to refund the same. Then the complainant thought of visiting the showroom of opposite party at Nemom and purchasing articles from there by adjusting the advance amount already paid to the opposite party. But the opposite party refused to accept the advance voucher and denied to refund the amount on the ground that the advance amount is not refundable. Hence on 08.11.2021 the complainant issued a registered notice to the opposite party demanding refund of Rs.2000/-. After accepting the notice the opposite party sent a reply stating that as per the terms and conditions of the opposite party’s firm, the advance amount once paid will not be refundable and further stated that if the complainant is leveling falls allegations against the opposite party to defame the reputation of the opposite party, they will take legal action against the complainant.

3.       After admitting the complaint notice was issued to the opposite party. Even after accepting the notice issued from this Commission, the opposite party failed to appear before this Commission to contest the allegations raised by the complainant. Hence on 22.04.2022 the opposite party was declared exparte by this Commission.

4.       The evidence in this case consists of PW1 and Exts.A1 to A3. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

Points to be considered:-

1. Whether there is any deficiency in service on the part of the opposite parties as alleged by the complainant?
2. Whether the complainant is entitle for the relief claimed in the complaint?
3. Order as to cost?

              5.  Heard. Perused records and affidavit. To substantiate the case put forward by the complainant, the complainant himself sworn an affidavit as PW1 and Exts.A1 to A3 were produced and marked. Ext.A1 is the copy of order form. Ext.A2 is the copy of registered letter to the opposite party. Ext.A3 is the copy of reply letter to the complainant from the opposite party. As the opposite party not appeared before this Commission there is no contra evidence to rebut the evidence adduced by the complainant. Hence the evidence adduced by the complainant stands unchallenged. By swearing an affidavit as PW1 and marking documents as Exts.A1 to A3, we find that the complainant has succeeded in establishing his case putforward against the opposite party. In the absence of any contra evidence from the side of the opposite party, we are accepting the evidence adduced by the complainant. In the reply issued by the opposite party which is marked as Ext.A3, the reason shown for non-refund of the amount is that the firm will not refund the advance amount as per the terms and conditions of the firm. It is true that on the back side of Ext.A1, terms and conditions No.1 is shown as advance not returnable. The Terms and conditions do not contain the signature of the customer. Hence a unilateral condition imposed by the opposite party is legally not binding on the complainant. In view of the above discussions we find that this is a fit case to be allowed in favour of the complainant.

              In the result, the complaint is allowed. The opposite party is directed to refund Rs.2000/- with 6% interest from 16.10.2018 and pay a compensation of Rs.2000/- along with Rs.2500/- as cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance / realization. 

     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.

         

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 30^th day of June 2022.

 

 

                                                                                           Sd/-

P.V.JAYARAJAN    : PRESIDENT

 

 

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

 

 

                                                                                          Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

 

 

 

be/

APPENDIX

CC.NO.364/2021

List of witness for the complainant

PW1            - Alex K Ipe

List of Exhibits for the complainant

Ext.A1         - Copy of order form.

 Ext.A2        - Copy of registered letter to the opposite party.

Ext.A3         - Copy of reply letter to the complainant from the opposite party.

List of witness for the opposite party - NIL

Exhibits for the opposite party          - NIL

Court Exhibits                                   - NIL

    

 

 

                                                                                                Sd/-

                                                                                        PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

 CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACADU

THIRUVANANTHAPURAM

 

CC.NO.364/2021

ORDER DATED : 30.06.2022