Karnataka

Bangalore 2nd Additional

CC/2732/2008

Shivakumar Talawar, - Complainant(s)

Versus

M/s. Sony Tek Marketing, - Opp.Party(s)

IP

22 Jan 2009

ORDER


IInd ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.1/7, Swathi Complex, 4th Floor, Seshadripuram, Bangalore-560 020
consumer case(CC) No. CC/2732/2008

Shivakumar Talawar,
...........Appellant(s)

Vs.

M/s. Sony Tek Marketing,
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Order Dated 22.01.2009 ORDER Complainant present. Opposite party called out absent. Notice sent by RPAD served. Opposite party has not sent defence version by post also. Therefore, opposite party is placed as exparte. 2. Perused the complaint and documents. 3. The complainant states that he has paid Rs. 1,900/- on 09.11.2008 to the opposite party for electrical instant geyser. The opposite party had promised to deliver the goods on 10.11.2008. Complainant submits that till filing of complaint i.e. 18.12.2008 the opposite party company has not delivered the goods and no information given to him. He had contacted the company over phone 10 times and it has not served the purpose. Therefore, he has approached this Forum for getting justice. The complainant requested for order to refund the amount of advance paid by him plus applicable interest. 4. The case made out by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter though served with notice. It appears that opposite party has no defence to make. That is why he has remained absent. The complainant has produced receipt for having paid Rs. 1,900/- to the opposite party. Therefore, the complainant is justified in seeking refund of the amount. Since, the opposite party has failed to supply the goods ordered it is the duty and obligation of the opposite party to refund the amount received from the complainant with interest. In the result I proceed to pass the following: ORDER 5. The complaint is allowed. The opposite party is directed to refund Rs. 1,900/- to the complainant along with 12% interest p.a. from the date of receipt of the amount till payment / realisation. The complainant is also entitled for Rs. 500/- towards costs of the present proceedings from the opposite party. 6. The opposite party is directed to comply the order within 30 days from the date of this order. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 22ND DAY OF JANUARY 2009. MEMBER MEMBER PRESIDENT