BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.178 of 2017
Date of Instt. 12.06.2017
Date of Decision:17.01.2018
Subhash Chander Seth S/o Late Sh. Panna Lal Seth R/o 150, Guru Teg Bahadur Nagar, Jalandhar.
..........Complainant Versus
1. M/s Sofaz Mall through its Proprietor 1/64, W.H.S Kirti Nagar, Below Canara Bank, DELHI-110015 (India)
2. Shri Chandra Shekhar (Sh. Pappu Ji. Mobile:9312875201) c/o M/s Sofaz Mall, 1/64, W.H.S., Kirti Nagar, Below Canara Bank, DELHI-110015 (India)
3. M/s Pujan Overseas (Prop:Sh. Girdhari Mohinti, Mob:9971185867) B6/2014, 3rd Floor, Block-6, Sector-17, Rohini, Delhi-110085
4. Shri Ravinder Singh, (Sh. Lucky Ji Mob:9910180680), c/o M/s Sofaz Mall 1/64, W.H.S., Kirti Nagar, Below Canara Bank, DELHI-110015 (India)
..….…Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Harvimal Dogra (Member)
Present: Sh. AK Arora, Adv Counsel for the Complainant.
OP No.1 to 4 exparte.
Order
Karnail Singh (President)
1. This complaint filed by the complainant, wherein alleged that the OP No.1 is the manufacturer of the Furniture with its Business premises at 1/64, W.H.S. Nagar, Below Canara Bank, Delhi and its Branch Office at G.T. Road, Kartarpur, Distt. Jalandhar. OP No.2 is the proprietor of the OP No.1, whereas OP No.4 is the employee of OP No.1, who had been dealing with the complainant for finalization and supply of Sofa-cum-Bed purchased by the complainant from the OPs. OP No.3 is the sister concern of the OP No.1, to whom payment of Rs.21,000/- was made depositing the same in the Bank account No.916020009619188 in the name of M/s Pujan Overseas in Axis Bank at the instance of the OPs No.1, 2 and 4. Thus, OP No.3 is also liable for the act and conduct of the OP No.1, 2 and 4. All the OPs are jointly liable for the deficient and defective services rendered by them to the complainant and they also for indulging in unfair trade practices.
2. The complainant visited the OP No.1 on 20.08.2016 for the purchase of Sofa-cum-Bed as per his requirements. The requirements of the complainant were noted by the employee of the OP No.4, Sh. Lucky (Ravinder Singh) and it was assured to the complainant that the sketch shall be sent to the complainant through whatsapp number. On 28.08.2016, the OP No.4 sent a sketch design of Sofa-cum-Bed and had mentioned 5” Mattress of H.R 50 Foam and on the same day, the complainant sent message to OP No.4 on Whatsup Mobile No.99101-80680 and made it clear that it was decided on the very first day that 6” thick H.R of 50 density Foam shall be provided and Rs.42,000/- shall be the landed cost at your Kartarpur showroom. That on 30.08.2016, the complainant sent detailed drawing of Sofa-cum-Bed with all the dimensions and specifications to the OP No.2 and 4 on their Whatsup No.99101-80680 and 93128-75201 and clearly stated that as per Drawing and Specifications, the foam of 6” thick of HR 50 density was decided to be fixed on seat of the said Sofa-cum-Bed and Rs.42,000/- would be the landed costs of said Sofa-cum-Bed at their showroom situated at Kartarpur on G.T. Road, Jalandhar
3. That on 1st September, 2016, the OP No.4 (Mr. Lucky) agreed and confirmed the drawings and specifications of the complainant and also sent the bank details for making payment on complainant Whatsup No.93579-16688 and accordingly, on 03.09.2016, the complainant deposited cash payment of Rs.21,000/- to the bank account of OP No.3 as stated above.
4. Then on 22.10.2016, the complainant visited showroom of the OP No.1, 2 and 4 and paid cash balance amount of Rs.20,000/- to Mr. Lucky i.e. OP No.4, who assured the complainant that Sofa-cum-Bed shall be delivered at the residence address of the complainant from the above cited Kartarpur Showroom, since the same was under finishing stage at factory of the OP No.1, 2 and 4. It was also assured to the complainant that the Cash Memo of Rs.42,000/- shall also be sent to the complainant alongwith the delivery of said Sofa-cum-Bed. That on 27.10.2016, the said Sofa-cum-Bed was delivered at the Jalandhar residence of the complainant from the workers of the complainant through its branch showroom situated at G.T. Road, Kartarpur, Distt. Jalandhar. The complainant noticed and inspected the Sofa-cum-Bed and found that the foam over the seat of said Sofa-cum-Bed has been applied with 4” thick rather than 6” as agreed and confirmed by the OP No.2 and 4, as per specifications supplied to the OP No.2 and 4 by the complainant on Whatsup. The said Sofa-cum-Bed was checked in the presence of the employee worker Shri Ganpati/Ganesh of OP, who had come to deliver the said Sofa-cum-Bed from their Kartarpur Showroom, who also checked and agreed that Foam of 4” thickness is provided on the seat. On inquiring, the cash memo of Rs.42,000/- was not brought by the said worker of the showroom from Kartarpur, but they gave assurance that the same will be delivered tomorrow, but till today they have failed to deliver the said cash memo.
5. That on 28.10.2016, the complainant made a complaint to OP on their Whatsapp number to Mr. Lucky and Mr. Pappu and asked them to replace and provide the foam of 6” thick as per specifications as agreed and confirmed rather than 4” thick applied on the said Sofa-cum-Bed. Thereafter, the complainant made a number of repeated request on their Whatsapp number as well as on phones to Mr. Lucky and Mr. Pappu i.e. OP No.2 and 4, but they did not hear the complainant and ultimately, on 26.11.2016, the complainant received a phone call from Phone No.99101-80680 from Mr. Lucky and Mr. Pappu, who denied that neither they will replace the Sofa nor they will provide 6” Foam to the seat of the said Sofa-cum-Bed and accordingly, the complainant has suffered mental tension and harassment due to negligent and deficient service on the part of the OP and thus, the present complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to replace the foam of said Sofa-cum-Bed, so as to substitute 6” thick foam instead of 4” as affixed by the OP on the said Sofa-cum-Bed and further OPs be directed to pay a compensation for mental agony and harassment to the complainant, to the tune of Rs.50,000/- and also be directed to pay litigation expenses of Rs.20,000/-.
6. Notice of the complaint was given to the OPs, but despite service all the OPs failed to appear and ultimately all the OPs were proceeded against exparte.
7. In order to prove his exparte claim, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C-1 Sketch of Sofa-cum-Bed, Ex.C2 Drawing of Sofa-cum-Bed, Ex.C3 Bank deposit receipt of Rs.21,000/-, Ex.C-4 Whatsup Chat with Mr. Lucky @ Ravinder Singh, Ex.C5 Whatsup Chat with Mr. Pappu @ Chander Shekhar, Ex.C6 Phone Call details between complainant and OP No.2 and 4, Ex.C7 Pen Drive, which contains the voice recording between the complainant and the OPs and then closed the evidence.
8. We have heard the learned counsel for the complainant and also gone through the case file very minutely.
9. In nutshell, the case set up by the complainant is only that he purchased a Sofa-cum-Bed from OP No.1, whereas the OP No.2 is the proprietor of the OP No.1 firm and OP No.3 is the sisters concern of the OP No.1 and OP No.4 is the employee of the OP No.1. It is stated by the complainant that he make part payment of the price of the Sofa-cum-Bed i.e. Rs.21,000/-, by depositing the same in the account of the OP No.3, at Jalandhar and as such, this Forum has the jurisdiction and further, submitted that the remaining payment was made by the complainant in cash i.e. Rs.20,000/- and it was agreed by OP No.4 that a cash memo will be provided to the complainant alongwith Sofa-cum-Bed at the residence address of the complainant from the branch show room of OP No.1 and 2, situated at G.T. Road, Kartarpur, District Jalandhar and accordingly, the Sofa-cum-Bed was delivered at the house of the complainant, but as per drawing submitted by the complainant Ex.C-2, the foam applied in the Sofa is to be 6” thick as per specification, agreed between the parties, but the complainant noticed and inspected that the OP has applied 4” foam instead of 6” foam as agreed and accordingly, the complainant asked the OP number of times to change the foam 4” into 6”. In order to prove that there was settled specification of the construction of Sofa-cum-Bed through Whatsup chat with OP No.2 and 4 and these have been proved on the file by the complainant as Ex.C-4 and Ex.C-5 and even the complainant has also produced on the file telephone conversation by putting in a Pen Drive, though the said voice cannot be identified, but in this case, the evidence of the complainant is not rebutted by the OP in any manner, despite the factum that they have served even then the OPs did not bother to appear and contested the compliant. From the scrutiny of the affidavit of the complainant Ex.CA, itself established that there is a deficiency in service and unfair trade practice on the part of the OP and therefore, we reach to the conclusion that the complainant is entitled for the relief claimed.
10. In the light of above detailed discussion, the complaint of the complainant is partly accepted and all the OPs are directed to replace the foam of the said Sofa-cum-Bed from 4” to 6” and further, OPs are directed to pay a compensation of Rs.5000/- and litigation expenses of Rs.2000/-. The entire compliance be made within one month from the date of receipt of the copy of order. The complaint could not be decided within stipulated time frame due to rush of work.
11. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Harvimal Dogra Karnail Singh
17.01.2018 Member President
