BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 12^TH  DAY OF APRIL 2022

ORDER

SRI K.S.BILAGI, PRESIDENT:

1.This complaint has been filed by the complainant  claiming refund of Rs.16,000/- with interest at 10%, compensation of Rs.20,000/- and cost of Rs.5,000/-.

2. The case of complainant in brief is as under.

The complainant has placed an order for supply of  furniture worth of Rs.32,000/- by paying advance amount of Rs16,000/- with  OP on 29.12.2019, but despite  repeated requests, the OP neither refunded amount nor ready to supply the product. The action the OP  non-refund of amount amounts to deficiency of service. Despite notice dt.16.11.2020, the OP fails to refund Rs.16,000/-.

3. Despite receipt of notice, OP fails to appear before us. Therefore, Op has been placed exparte.

4. The complainant files his affidavit evidence and got marked five documents.

5. Heard arguments of complainant. We perused the records.

6. The following points arise for our consideration.

1) Whether the complainant proves the deficiency of service on the part of the OP?

2)Whether the complainant is entitled to reliefs mentioned in the complaint?

3) What order?

 7. Our answer to the above points are as under

Point No.1 :Affirmative.

Point No.2 :  Affirmative in part.

        Point No.3:  As per final order.

                                REASONS

8.Point No.1 & 2: Despite  receipt of legal notice and notice of this commission, the OP fails to appear before us. The allegations made in the complaint, oral evidence, documents, evidence of the complainant remains unchallenged. Further, it is duty of the commission to decide the complaint on merits.

9. It is proved from the allegations made in the complaint and evidence that the complainant placed order sofa set  worth Rs.32,000/-  by paying an advance of Rs.16,000/- on 29.12.2019. The payment is made through bank and   bank statement produced is  exhibit P1. Despite legal notice dt. 06.11.2020,  the OP neither responded to the notice nor refunded Rs.16,000/-.  This complaint is  filed on 04.12.2021.

10. The complainant proved the payment of Rs.16,000/- and non-refund of Rs.16,000/-. Non-refund of Rs.16,000/-  amounts to deficiency of service. Therefore, the complainant is entitled for refund of Rs.16,000/-.

11. The complainant claims interest at the rate of 10%  on Rs.16,000/- without referring from which date  and interest per annum or per month.  The  complainant claims Rs.20,000/- as compensation. The claim of compensation Rs.20,000/- is exorbitant looking to the amount paid by the complainant. Under such circumstances, it is proper to award compensation of Rs.10,000/-. When we award compensation, there is no need to grant interest as additional benefit to the complainant. The complainant claims Rs.5,000/- as cost of litigation. It is relevant to note that consideration paid itself is Rs.16,000/- and no court fee is paid as the consideration is less than Rs.5,00,000/-. The complainant  himself  has  conducted the case. Therefore, it is proper to award litigation cost of Rs.2,000/-.

12. Point no.3: Having  regard to discussion made in point no.1 & 2, the OP is liable to refund Rs.16,000/- with compensation of Rs.10,000/- and Rs.2,000/- to the cost of litigation. It is proper to impose time limit on the OP to refund this amount.

13. In the result, we proceed to  pass the following order

ORDER

1. Complaint is allowed in part.
2. OP  is directed to refund Rs.16,000/- with compensation of Rs.10,000/- and Rs.2,000/- as cost of litigation to the complainant.
3. OP shall comply this order within 45 days from this date, failing which the OP shall pay interest at 8% PA after  expiry of 45 days on Rs.16,000/- till realization.
4. Furnish the copy of the order to  both parties.
5. Return the spare pleadings and documents to parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Commission on this 12^th day of April, 2022).

(RenukadeviDeshpande)     (H.Janardhan)   (K.S.Bilagi)

    MEMBER                   MEMBER           PRESIDENT

Documents produced by the Complainant are as follows:

(Renukadevi Deshpande)    (H.Janardhan)   (K.S.Bilagi)

    MEMBER                       MEMBER       PRESIDENT