Date of Filing:15.10.2009 Date of Order: 25.11.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 25TH DAY OF NOVEMBER 2009 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. COMPLAINT NO: 2401 OF 2009 M. Nagaraja No. 404 C, 4th Main Road Srinagar, Bangalore 560 050 Complainant V/S M/s. Unique Home Appliances No. 182 B, 56th Cross, 4th Block Rajajinagar, Bangalore 560 010 Opposite Party ORDER By the President Sri. S.S. Nagarale This is a complaint filed by the complainant stating that he had booked two articles i.e. Magic Stove and Gas Geyser with the opposite party firm. Advance payment of Rs. 500/- was paid on 24.04.2009. Opposite party has delivered one item i.e. Magic Stove on 07.05.2009. He enquired regarding gas geyser to the person who had brought the magic stove and he informed that gas geyser is bigger in size, it cannot be carried personally. Hence, same will be delivered next day i.e. on 08.05.2009. He also acknowledged receipt of Rs. 5,000/- which complainant has paid on 07.05.2009. The complainant states that to his surprise he has not received gas geyser inspite of his repeated phone and personal visits to the opposite party firm. The complainant prayed refund of Rs. 2,500/- towards gas geyser and he also prayed compensation of Rs. 2,500/- for physical and mental tension. 2. After admitting the complaint notice was issued to opposite party by registered post. Notice was served on opposite party. When the case was set for appearance of opposite party on 24.11.2009, opposite party remained absent. Nobody appeared on behalf of the opposite party. Therefore, opposite party was placed as exparte. 3. The complainant was present in person. His submissions are heard. 4. Perused the complaint and documents. 5. The case put up by the complainant has gone unchallenged. Inspite of service of notice the opposite party has not appeared before this forum for the best reasons known to him. The complainant has produced documents and receipts. As per the case of the complainant he has paid in all Rs. 5,500/- for two items i.e. Magic Stove and Gas Geyser. The complainant received delivery of magic stove but the opposite party has not delivered gas geyser as per the commitment and obligation. The complainant visited opposite party and made repeated phone calls. Inspite of that there is no proper response from the opposite party. This is very unfortunate thing on the part of opposite party. The opposite party has definitely committed deficiency in service in not delivering the gas geyser to the complainant even though the amount has been received from the complainant. The complainant is definitely entitled for refund of amount Rs. 2,500/- from the opposite party. Consumer Protection Act is a social and benevolent legislation intended to protect better interests of consumers. The complainant being a consumer under the Act his interests deserves to be protected by ordering the opposite party to refund the amount. The complainant has spent time and amount for filing this complaint. Therefore, naturally he is entitled for the cost of the present proceedings. In the result I proceed to pass the following: ORDER 6. The complaint is allowed. The opposite party is directed to refund Rs. 2,500/- to the complainant within 30 days from the date of this order. 7. The complainant is also entitled for Rs. 500/- as costs of the present proceedings from the opposite party. 8. The opposite party is directed to send the amount of Rs. 2,500/- + Rs. 500/- directly to the complainant by way of D.D. / Cheque with intimation to this forum. 9. Send the copy of this Order to both the parties free of costs immediately. 10. Pronounced in the Open Forum on this 25TH DAY OF NOVEMBER 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER
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