Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
24th day of February 2023
CC 27/21 filed on 16/01/21
Complainant : V. R. Saseendran, Veluthedath House,
Peramangalam Village, Peramangalam.P.O,
Thrissur- 680 545.
(By Adv. A. D. Benny, Thrissur)
Opposite Parties : 1. Manager, Zera Furniture, St. Jude Nagar,
Kiliyannur. P.O, Iritty, Kannur- 670 706.
2. Zera Furniture, Rep. by Managing Director,
St. Jude Nagar, Kiliyannur P.O.,
Iritty, Kannur- 670 706.
(Ex-Partee)
O R D E R
By Smt. Sreeja S. Member:
The complainant attended the exhibition of furniture conducted by the opposite party in the year 2018. They made him believe that all these furniture are of prime quality and so he purchased a corner set furniture on 25/11/18 for Rs.25000/-. It was also made believed that the wood used are of good quality and after proper processing to avoid all defects from fungus etc. They further offered that the furniture will be replaced within 10 years, if any defect appears thereon. But after 1 year of its purchase, the rexin, wood, sponge etc of the furniture turned defective and so he intimated all those to the opposite party and they assured its replacement. Thereafter the complainant made repeated demands with opposite parties to replace it but they have not heeded to it. The act of the opposite party is deficiency in service causing loss, agony and hardship. Hence he caused a lawyer notice dated 28/10/20 which yielded no result. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite parties. Opposite parties not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced three documents which are marked as Exts. A1 to A3. Ext.A1 is the order form dated 25/11/18; Ext.A2 is the copy of lawyer notice dated 28/10/2020 and Ext.A3 series are the postal receipts dated 31/10/2020. The report of the Expert Commissioner is marked as Ext.C1.
4) We have gone through the pleadings and documents produced by the complainant. Ext.A1 prove the purchase. The expert commissioner appointed and he filed report marked as Ext.C1. It is categorically reported that furniture is defective. The sponge, rexin etc turned defective and wood used is off low quality. Also, there is no contra evidence available before us and we are inclined to allow this complaint.
In the result complaint allowed and hereby direct the opposite parties to pay Rs.25,000/- (Rupees Twenty five thousand only) as cost of furniture and Rs.15,000/- (Rupees Fifteen thousand only) as compensation and Rs.5,000/- (Rupees Five thousand only) as cost to the complainant within one month from the date of receipt of copy of this order. Failing in which the entire amount carries 8% interest from the date of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 24th day of February 2023.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 order form dated 25/11/18.
Ext. A2 copy of lawyer notice dated 28/10/2020.
Ext. A3 series are the postal receipts dated 31/10/2020.
Ext.C1: Expert Commissioner’s Report
Id/-
Member
