Kerala

Thiruvananthapuram

CC/7/2022

Anoop S Babu - Complainant(s)

Versus

Manager,Moovable Furniture store - Opp.Party(s)

31 May 2022

ORDER

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.07/2022 (Filed on : 03.01.2022)

ORDER DATED : 31/05/2022

COMPLAINANT

Anoop.S.Babu,

S/o.Babu.P.V

Eva Gardens, Chothis East Avenue Villa,

Chittattumukku, Kazhakkuttam,

Thiruvananthapuram – 695 301

(Party in person)

                                                                    VS

OPPOSITE PARTY

The Manager,

Movable Furniture Store,

Venpalavattom,

Thiruvananthapuram – 695029

(Exparte)

ORDER

SMT.PREETHA.G.NAIR  : MEMBER

The complainant had booked a hanging chair from the opposite party for an advance amount of Rs.10,000/- on 30.11.2018. At that time they agreed to deliver the furniture in the new house. After the completion of work in the house the complainant contacted to the opposite party and they informed that the booked item is given to another person. The complainant had purchased the chair to give his wife as a 'gift'. So the complaint demanded the same chair booked as advance and the opposite party promised to give the same chair as early as possible. So the complainant was not taken any legal action against the opposite party. The complainant contacted the opposite party on several times. The opposite party informed that due to the Covid 19 pandemic the stock is not available. On 15.03.2020 the complainant had ordered some other furniture to the opposite party and they had promised that the hanging chair will come next month and pay the total amount together. Thereafter Covid 19 came and wife of complainant became pregnant and he could not went to the opposite party to enquire the furniture. But the complainant had sent messages to the opposite party through phone and whatsapp. The opposite party had promised to give the furniture as early as possible to complainant. But after three years the opposite party had informed that the advanced amount will be paid to the complainant. Now the cost of hanging chair is increased. The opposite party had not responding to the complainant about the other furniture also. The complainant registered a complaint. The act of opposite party amounts to deficiency in service. Hence the complaint.

          After accepting the notice the opposite party not present before the Commission. Hence opposite party was set exparte.

          Complainant filed proof affidavit and documents. Exts.P1 to P5 marked.

Issues to be considered are :

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so what is the relief and cost.

Issues I & II

          As per Ext.P1 the copy of bill issued by the opposite party shows that total amount after discount is Rs.17,500/- and advance amount is Rs.10,000/- and delivery date April 2019. The complainant stated that the opposite party had sold the booked furniture to another person. Thereafter the opposite party promised to give new one to the complainant. But they had not given. The complainant had asked the opposite party several times. The opposite party had not produced evidence to disprove the case of the complainant.

                   In view of the above discussions we find that the act of opposite party amounts to deficiency in service and unfair trade practice.

                   In the result, the complaint is allowed. We direct the opposite party to give the furniture ordered by the complainant for the same price within one month from the date of receipt  of this order, accepting the balance amount of Rs.5000/- from the complainant or pay Rs.10,000/- with 6% interest from 30.11.2018 to date of receipt of order and pay Rs.7500/- as compensation       (Rs. seven thousand five hundred only) for mental agony and pay Rs.2500/- as cost of the proceedings to the complainant, failing which the amount except cost carries interest @9% per annum from the date of receipt of order till 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 Forum, this the 31^st day of May 2022.

 

                                                                           Sd/-

P.V.JAYARAJAN      : PRESIDENT

                                                                                       Sd/-

  PREETHA .G.NAIR: MEMBER

                                                                                               Sd/-

                                                                                          VIJU.V.R : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

Be/

 

APPENDIX

CC.NO.07/2022

List of witness for the complainant

PW1                      - Anoop.S.Babu

Exhibits for the complainant

Ext.P1                   - Copy of advance receipt

Ext.P2                   - copy of documents of whatsapp.

Ext.P3                   - Copy of photo of other furniture

Ext.P4                   - Booking bill of furniture

Ext.P5                   - Copy of documents of online complaint

List of witness for the opposite party – NIL

Exhibits for the opposite party - NIL

Court Exhibits                                   - NIL

 

 

                                                                                                        Sd/-

PRESIDENT