SHRI A.P.MUND, PRESIDENT: Complainant Alok Ranjan Das has filed this case against the O.P. alleging deficiency in service and unfair trade practice. Case of the complainant in brief is that he had purchased  furnitures from the shop of the O.P. vide Bill No.14858 dt.30.5.2014 containing Bed, Sofa Set and Centre Table  and paid Rs.45,000/- on the date of delivery on dt.9.6.2014. Another purchase was made vide Bill No.14873 dt.9.6.2014 for an amount of Rs.9,600/- for Dressing Table. He purchased the furniture to be gifted to his sister on her marriage. During purchase, the O.P. assured that the furniture are of good quality and have good resistance against white ants. The marriage of the sister of the complainant was solemnized on dt.8.6.2014 and the purchased furnitures were gifted. 
    2. Complainant alleges that after about six months of the marriage, the complainant’s sister found that the inside panel of the bed was eaten by white ants. After this damage to the furniture, she had taken all precautions for arresting further damage by white ants. But she could not prevent the damage.  The dressing Table was also affected by fungal infection. Complainant informed the O.P. about the damage to the furniture by white ants on dt.5.4.2015 and thereafter he went to the shop of the O.P.s several times. At last O.P. sent his representative on dt.20.4.2015 to assess the damage caused to the furniture, but O.P. could not take any further steps to rectify the matter. This has caused loss and sufferings to the complainant and his family for which he has filed this case with prayer to direct the O.P. to pay the amount paid towards cost of the damaged bed and dressing table amounting to Rs.38,100/-, pay compensation of Rs.10,000/- and Rs.2,000/- towards cost of the proceeding.                                            
    In order to support his case, complainant has filed Xerox copies of two bills  No.14858dt.30.5.2014 for Rs.45,000/- & 14873 dt.9.6.2014 for Rs.9,600/-, Two photographs of the damaged furnitures. 
    3. It reveals from record that one V.K.Agrawal filed a time petition on 1.7.2015 and time was allowed. But therefore, O.P. remained absent and failed to contest the proceeding or file any written version. Hence on 3.12.2015, O.P. was set ex-parte and case was posted for hearing. After further two adjournments case was heard on 8.2.2016. 
    4. Heard the complainant in person and perused the complaint petition and documents filed therewith. In absence of O.P. we find no reasons to disbelieve the uncontroverted allegations of the complainant supported by relevant documents. The photographs filed by the complainant also support the case. The O.P. did not attend to the complaint though he was repeatedly approached by the complainant. Accordingly, it is presumed that O.P. has nothing to say over the allegations made by the complainant.
    5. On the basis of the facts and circumstances, we allow the case of the complainant against the O.P. on ex-party and direct the O.P. to pay to the complainant Rs.38,100/-(Rupees Thirty-eight thousand one hundred) paid towards cost of the damaged bed and dressing table and take back the damaged articles at his own cost from the house of the complainant. O.P.is further directed to pay to the complainant Rs.5,000/-(Rupees Five thousand) towards compensation for causing mental agony and harassment. O.P. has to comply this order within 30(Thirty) days from the date of receipt of copy of this order, failing which the awarded amount will carry interest @ 9(Nine) per cent per annum from the date of order till the date of payment.