BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI

                                  Consumer Complaint No.369 of 2015

                                 Date of institution:          24.07.2015

                                                  Date of Decision:            20.11.2015

Dr. Viney Aggarwal, Vinayak Hospital, 141, Sarojini Colony, Phase-1, Yamunangar, Haryana.

    ……..Complainant

                                        Versus

M/s. Glass Palace, Northern Empire, Chandigarh – Ambala Highway, Derabassi, District SAS Nagar (Mohali) 140507 through its Managing Director/Manager.

………. Opposite Party

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Shri Amrinder Singh Sidhu, Member

Mrs. R.K. Aulakh, Member.

Present:    Shri Sahil Khunger, counsel for the complainant.

                Opposite Party ex-parte.

(Mrs. Madhu P. Singh, President)

ORDER

                The complainant has filed the present complaint seeking following directions to the Opposite Party (for short ‘the OP’) to:

(a)    refund the booking amount of Rs.5,000/- with interest @ 18% per annum.

(b)    pay him Rs.2,00,000/- as compensation for mental agony and  harassment, professional loss and expenditure incurred on travel.

(c)    pay him Rs.33,000/- as litigation charges.

                The case of the complainant is that on 05.04.2015 he booked a 5 feet x 5 feet marble top dinning table alongwith 8 chairs with the OP vide booking order No.2833.  The OP informed the complainant that the total price of the furniture would be Rs.1,05,000/- including VAT. The complainant paid Rs.5,000/- as booking amount vide receipt dated 05.04.2015.  The OP assured to deliver the furniture on or before 02.05.2015.  On 02.05.2015 the furniture was not delivered to the complainant and complainant enquired from the OP who falsely assured to deliver the dinning table shortly. After 2-3 days the complainant received a call from the OP to collect the furniture after physically inspecting the same.  When the complainant alongwith his family visited the OP, it was informed that the marble top of the table was broken due to which the table would be delivered when it is ready. The complainant asked the OP to show the chairs upon inspection, the complainant the same found defective and also poor quality. However, the OP assured that the booked furniture in proper condition and quality would be delivered at the earliest on or before 30.05.2015. On 30.05.2015 the complainant called the OP and he was informed that the dinning table is not ready and would be ready within 2 or 3 days. The complainant was informed on 14.06.2015 by the OP that the furniture is ready and the complainant can come and physically verify the same.  The complainant visited the OP on 20.06.2015 but again the OP made false excuse. The complainant came to know that the dinning table booked by the complainant was sold to someone by the OP. The complainant sent legal notice dated 26.06.2015 to the OP but of no avail.

With these allegations the complainant has filed the present complaint.

2.             After admission of the complaint, registered notice was sent to the OP which came back with the report of refusal.  The OP was proceeded against exparte vide order dated 15.09.2015.

3.             To succeed in the complaint, the complainant tendered in evidence affidavit Ex.CW-1/1 and copies of the documents Ex.C-1 to C-3.

4.             We have heard learned counsel for the complainant and have also gone through the written arguments submitted by him.

5.             The issue involved in the present complaint is regarding non refund of the advance booking amount of Rs.5,000/- paid by the complainant to the OP as part payment for purchase of furniture i.e. dinning table and eight chairs of agreed value of Rs.1,05,000/- including VAT.  The complainant made payment of booking amount on 05.04.2015 vide booking order Ex.C-1. On the booking order itself the OP has assured to give the delivery of the furniture within one month and the specific date has been mentioned as 02.05.2015. On the assured/promised date the furniture was not ready with the OP and the complainant received a call from the OP and come physically inspect the ordered articles after 2-3 days. The complainant, on the intimation of the OP visited the OP and inspected the furniture and upon inspection found the same to defective as the marble table top was broken and also the wood used by them was of poor quality. Therefore, upon the asking of the OP, the complainant waited for delivery of booked furniture till 30.05.2015. Again on 30.05.2015 though OP informed about the status of the furniture being not ready and asked the complainant to come on 14.06.2015. Not believing the OP about the time frame, as per his own past experience, the complainant visited the OP on 20.06.2015 and he was informed that the dinning table and the chair though ready have been sold to someone else. Thereafter the complainant asked for refund of the booking amount and the same has not been released to him so far despite having issued the legal notice dated 26.06.2015. Therefore, the complainant has alleged deficiency in service and unfair trade practice on the part of the OP.

6.             The booking order-cum-invoice Ex.C-1 and receipt of advance payment of Rs.5,000/- Ex.C-2 relied upon by the complainant to show the consumer dispute between the complainant and the OP. The perusal of these two documents does not reveal that the documents belongs to the OP and have been issued by the OP. However, the complainant has tendered his affidavit by way of evidence Ex.CW-1/1 wherein he has categorically stated that the articles have been booked for purchase from the OP and the OP has issued him document Ex.C-1 and C-2. Therefore, having reliance upon his own testimony, which remain unrebutted by the OP being exparte, the booking of the furniture for agreed cost of Rs.1,05,000/- with assured date of delivery 2.5.2015 and receipt of advance amount of Rs.5,000/- dated 05.04.2015  the complainant has proved his transaction with the OP. 

7.             The conduct of the OP has been duly explained by the complainant from the date of booking till the issuance of legal notice wherein the OP has failed to comply with the timeline decided by them for delivery of the articles and further failed to refund the advance booking amount.  Thus, we are of the view that unfair trade practice is writ large on the part of the OP and the complaint deserves to be allowed and the complainant deserves to be compensated.

8.             In view of above discussion, the complaint is allowed with the following direction to the OP to:      

(a)    refund to the complainant the advance booking amount of Rs.5,000/- (Rs. Five thousand only) with interest thereon @ 9% per annum from the date of receipt i.e. 05.04.2015 till actual refund.

(b)    pay to the complainant  lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) for mental agony, harassment and costs of litigation.

                Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

November 20, 2015.     

                             (Mrs. Madhu P. Singh)

                                                                        President

(Amrinder Singh Sidhu)

Member

(Mrs. R.K. Aulakh)

                    Member