09.01.2020                                                                  CC 429/2019

ORDER ON ADMISSION

1.      This complaint has filed by A.S.Nandakumar S/o late A.P.Siddaramu resident of Addahalli Village, H.D.Kote Taluk, Mysuru District to direct the opposite party M/s Kailsash Furniture and Handicrafts, Mysuru to return a sum Rs.1,05,000/- with interest at the rate of 24% p.a. till payment, compensation of Rs.1,00,000/- and cost of the litigation.
2.       It is the case of complainant that he ordered the opposite party to prepare three rosewood statues for a sum of Rs.35,000/- each.  The complainant has paid advance amount of Rs.8,000/- on 27.10.2017 and paid remaining balance amount of Rs.97,000/- on the date of delivery of statues.  The opposite party told that all the three statues are of rosewood (Beete).  Within one month from the date of taking delivery, the complainant came to know that the opposite party has used low quality wood for preparing statues but not rosewood.  Then the complainant has filed complaint on 22.12.2017 against the opposite party before Kuvempunagar Police, Mysuru.  Thereafter the complainant has approached the opposite party for replacement of statutes but there was no response from him. Hence, this complaint.
3.      The complainant has produced two estimate cum receipts dated 27.10.2017 and 13.11.2017 for payment of Rs.8,000/- and Rs.97,000/- towards three statutes.  The complainant has produced acknowledgement issued by Kuvempunagar Police, Mysuru dated 22.12.2017.   It is stated in the complaint that the opposite party has charged more price for the statutes as such requested the police to call the opposite party and ask him to return the price paid by him.  Thereafter the complainant has got issued legal notice dated 03.07.2019 calling upon the opposite party to refund Rs.1,05,000/- with interest. 
4.       On perusal of the averments of complaint, complainant reported to Kuvempunagar Police and legal notice dated 03.07.2019 indicate that the complainant has being insisting for refund of the amount paid to the opposite party but not showing any interest for replacement of idols or statutes.  The complainant in the complaint nowhere whispered with regard to direct the opposite party to replace statues of rosewood quality.  This complaint is for recovery of money from the opposite party but this Forum has no jurisdiction to order for recovery of money since it has only jurisdiction to deal with deficiency in service or defects in the goods.  Therefore, the complaint deserves to be dismissed.  Accordingly, we pass the following
6698606.  

The complaint filed by A.S.Nandakumar is dismissed as not maintainable.

Furnish the copy of order to the complainant at free of cost.