Karnataka

Bangalore 4th Additional

CC/1928/2018

Sri.N.Nagaraja, - Complainant(s)

Versus

M/s Poonams Furniture House Inc., - Opp.Party(s)

Sri. N. Nagaraja

09 May 2019

ORDER

Complaint filed on: 29.11.2018

Disposed on: 09.05.2019

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027

 

 

CC.No.1928/2018

DATED THIS THE 09^th MAY OF 2019

 

 

PRESENT

 

 

 

 

SMT.PRATHIBHA. R.K., BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

 

Complainant/s: -                           

Sri.N.Nagaraja

S/o Narayanaswamy,

Aged about 45 years,

R/at No.4FC-254, 4^th F Cross, East of NGEF Layout, Kasthurinagar,

Bengaluru-43.

 

By Adv.Sri.Adinarayana

 

V/s

Opposite party/s:-    

 

M/s.Poonam’s Furniture

House Inc.,

Chikkthogur Gate,

Electronic City Post,

Hosur Main Road,

Opp.Jubilant Motors,

Bengaluru-100.

Rep. by its Proprietor

 

Ex-parte

 

 

 

 

 

 

 

ORDER

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

            This complaint is filed by the Complainant against the Opposite party (herein after called as OP), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OP to pay a sum of Rs.1,67,000/- as compensation with interest at 18% p.a. and to grant such other reliefs deem fit for which the Complainant is entitled to in the interest of justice and equity.

 

2. The brief facts of the complaint is as under:

The Complainant submits that, he had visited the Furniture Mela exhibited by OP on 26.08.18 and also visited its shop, thereafter the Complainant had ordered for Badsha Sofa set 3+2+Corner Sofa set and the OP had assured to use the FAB-Malphino fabric which was at sl.no.513. For preparing the said sofa set, which after negotiations, the price was finalized to Rs.47,500/-. The Complainant had paid an advance amount of Rs.5,000/- on the same day, wherein the OP and his attender by name Sri.Babu had assured that the said sofa set will be delivered within 3 weeks from the date of the order placed by the Complainant.

 

2a. The Complainant further submits that, OP had sent his attender to the Complainant’s house to take measurement to prepare the said sofa set on 28.08.18 and thereafter the attender advised to take 3+3+corner sofa set for which he said that, the Complainant has to pay Rs.7,000/- extra. The Complainant accepted his advice and paid another sum of Rs.12,000/- on 28.08.18 and in total he had paid a sum of Rs.17,000/- as advance out of Rs.54,500/-. Further OP assured that, the sofa set will be prepared within three weeks and the balance amount of Rs.37,500/- will be received at the time of delivering the said sofa set.

 

2b. The Complainant further submits that, believing the assurance of the OP, the Complainant had disbursed the sofa set which was already in his house, but the OP has failed to keep up his words in providing the said sofa set within the time assured. Inspite of several requests and demands, OP has failed to deliver the said sofa set to the Complainant. In the meantime, he approached the OP with regard to the orders placed, but the OP had threatened him with dire consequences and till today OP has failed to deliver the said sofa set by postponing the same by one or the other pretext. Hence, he issued legal notice dtd.07.11.18, which served on the OP on 09.11.18. But OP neither replied nor complied for the said notice. Hence, approached this forum. 

 

3. After service of the notice from the Office, the OP did not appear before this forum and hence, they called out as absent and have been placed exparte.

 

4. In the course of enquiry into the complaint, the Complainant has filed his affidavit reproducing what he has stated in his respective complaint. The Complainant has filed written arguments and has produced the documents which were marked. We have heard the arguments and have gone through the oral and documentary evidence scrupulously and posted the case for order.  

 

5. Based on the above materials, the following points arise for our consideration;  

 

1. Whether the Complainant has proved that there is deficiency in service on the part of the OP, if so, whether he entitled for the relief sought for ?

 

2.  What order?

 

6. Our findings on the above points are as under:

Point No.1:  In the affirmative  

Point No.2:  As per the order below

 

REASONS

 

7. Point No.1: The Complainant firmly stated in his affidavit oath that, he has booked the Sofa set on 26.08.18 for Rs.54,500/-. On 26.08.18 the Complainant had paid an advance of Rs.5,000/- and again paid Rs.12,000/- on 28.08.18 and in total the Complainant had paid a sum of Rs.17,000/- to the OP. The Complainant contended that, OP assured that, the said sofa set will be prepared within three weeks, but till today they have not delivered the said sofa set to the Complainant. Hence, the Complainant issued legal notice dtd.07.11.18 calling upon the OP to deliver the sofa set or to return the paid amount of Rs.17,000/-. Though notice was served, OP has not deliver the sofa set nor return the amount. To substantiate this contention, the Complainant produced receipt/Ex-A1 dtd.26.08.18, legal notice/Ex-A2 dtd.07.11.18. Even after filing of the complaint, the OP has remained absent though the notice served. If at all the OP has rebutted their claim, the same could have been considered. In the absence of any rebuttal evidence, the only alternative left is to accept the contention of the Complainant. On perusal of the receipt/Ex-A1 it is seen that the Complainant has paid Rs.17,000/- and “delivery 3 weeks”. After accepting the amount from the Complainant, it is bounden duty of the OP to deliver the said sofa set to the Complainant. Not doing so, there is deficiency in service on the part of OP.   

 

8. Hence, on the above discussions, made heither to, we come to the conclusion that, there is deficiency in service on the part of OP. Hence, it is just and proper to direct the OP to return the paid amount of Rs.17,000/- with interest at 10% p.a. and to pay compensation of Rs.5,000/- and cost of litigation of Rs.5,000/- to the Complainant. Accordingly, we answered the point no.1 in the affirmative.

 

8. Point no.2: In the result, for the foregoing reasons, we proceed to pass the following order.

 

ORDER

 

The complaint filed by the Complainant is allowed in part.

 

2. The OP is directed to return the amount of Rs.17,000/-to the Complainant along with interest at 10% p.a. from the date of payment till the date of realization.

 

3. The OP is further directed to pay compensation of Rs.5,000/- and cost of litigation of Rs.5,000/- to the Complainant.

 

4. This order is to be complied by the OP within 45 days from the date of receipt of this order.

 

          Supply free copy of this order to both parties. 

 

(Dictated to the Stenographer, transcribed and typed by her, corrected and then pronounced by us in the Open Forum on this, the 9^th day of May 2019)

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Sri.N.Nagaraja who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Original receipt dtd.26.08.18 Rs.54,500/-
Ex-A2	Legal notice dtd.07.11.18
Ex-A3 & A4	Original Postal receipt and postal acknowledgement

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT