Date of Filing: 28-12-2017

                                                                                         Date of Order:21-01-2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

P r e s e n t­

HON’BLE Sri P.VIJENDER, B.Sc. L.L.B.  PRESIDENT.

HON’BLE Smt. D.NIRMALA, B.Com., LLB., MEMBER

Monday, the  21^st day of January, 2019

C.C.No.13 /2018

Between

Dr.B.M.Naidu

S/o.B.Subbarama Naidu

H.No.1-65-43/22/23/A, Nandagiri Colony,

Cyber Hills, Adj.to Kakatiya Hills,

Guttala Begumpet, Madhapur,Hyderabad – 500081

Phone : +919866424958                                                               ……Complainant

And

The Manager

M/S.WOODENSTREET STORE

G992, Phase III, Sitapura Industrial Area

Jaipur – 302022 Rajasthan

Telephone :+91-9314444747                                                        ….Opposite Party

Counsel for the complainant                :  Party in person

           Counsel for the Opposite Party                :  Absent

O R D E R

(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)

            This complaint has been preferred under Section 12 of C.P. Act of 1986 for relief of direction  to the opposite party to refund the cost of 6 seater Dining table  and Coffee table  purchased by the complainant  through online from the opposite party with interest on the amount  paid and to award a sum of Rs.1,00,000/- towards loss of time and mental agony suffered by the complainant on account of defective product delivered to him and failure of the  opposite party to refund the amount by taking back the products  and to pay a sum of Rs.25,000/- towards  cost of the complaint. 

1. The complainant’s case in brief is that he  ordered one Coffee table and one Darren long dining table with 6 seater from the opposite party through online  in June 2016 and he paid a sum of Rs.37,999/- for Dining Table  and  Rs.7,599/- for the Coffee table on 17-6-2016 through on line payment from Standard Chartered Bank credit card.  Thereafter there was a delay of delivery of items by about one or two months finally the products were delivered  to him during the month of  August/September 2016.  Soon after delivering the products  he noticed  certain defects and  cracks surfaced were covered with wax and polished to conceal cracks. On examination he raised the objection at the time of delivery through phone and the opposite party  promised to do the needful but  no  concrete action was taken. He has raised the complaints through  email and by telephone on several times.  A big crack was developed on the side plank of the coffee table.  On  the complaint the opposite party  tried to rectify the issue  but did not work.  The opposite party  agreed  to refund the cost of coffee table  but  they have not refunded so far.  For the dining table legs and chairs  also cracks have developed.  He made a complaint to the customer care of the opposite party number of times   and sent  emails  complaining about the cracks developed to the products supplied to him.  But there was no positive action from the opposite party. Hence the present complaint.
2. The opposite party  having received the notice of the complainant did not  choose to appear and present its version.  Hence  the complaint is proceeded in exparty  against the opposite party.

               In the enquiry stage the complainant has  filed his evidence affidavit and  substance of the same is line with  the material allegations made in the  complaint.  To support the same he has exhibited bunch of email correspondence between him and the Opposite Party and showing the remittance of amount  of opposite party   from his credit card to the Standard Chartered Bank and got exhibited  the same as A1 and A2.  After closure of the evidence the complainant filed written arguments and supplemented the same with the oral submissions. 

            Now point for consideration is:

1. Whether  there was  deficiency of service  on part of the  opposite party   in supply of products purchased by the complainant  and if so the complainant  is entitled  for refund of the amounts paid with interest and compensation for  causing mental agony to him ?
2. To what relief?

Point No.1:  It is  evident from Ex.A1 credit card statement of the complainant  that he paid a sum of Rs.37,999/- for the purchase of Dining table and Rs.7,599/- for  the purchase of Coffee table on 17-6-2016.  By email dated 13-2-2017  he brought to the notice of the opposite party   that both Coffee table and Dining table delivered to him  have got certain quality issues as cracks on the surfaces of tables  were covered up while polishing during the polishing the work  with help of wax. It goes to show having noticed these issues the complainant made telephone calls to the opposite party    who promised to provide necessary service.  The other email  is dated  2-3-2017 wherein the complainant repeated the complaint with opposite party   who promised to do  the needful by replacing the planks of coffee table and legs of dining table with new one but  by this date no one has turn up.  In the reply email dated  13-10-2017 the opposite party informed the complainant that the concerned person is working on the issue and requested to time of  24 – 48 hours to resolve the issue to the satisfaction of the complainant.  But none has turned up.  The bunch of emails from the complainant side shows he waited for 16 to 18 months     and asking to resolve the issue or to refund the cost of the same.  On  15-10-2017 the opposite party  sent an email to the complainant informing  that  the concerned person will coordinate with him to resolve the issues  and requested  24 to 48  hours  time .  But not resolved the issues to the satisfaction of the complainant which is evident though subsequent emails.  Having vexed with the acts of the opposite party   the complainant sent an email on 01-11-2017 stating that the opposite party   has been delaying the process and called upon it to refund the amount collected from him.  Thereafter the complainant sent  an email on 12-11-2017 to the opposite party  and  informed that he has no option   but to approach  the Consumer Court if opposite party don’t take necessary steps to resolve the issue as  either to refund the amount or replace  the damaging  product.  In response to it the opposite party sent email on 19-11-2017 asking the complainant to accept the apologies for inconvenience caused and that  they are  looking into  the case  and  same will be resolved  to the satisfaction of the complainant  and requested him to grant  another 24 to 48 hours  time to  get back for further updates on it.  Another email  was sent by the opposite party   to the complainant on 30-11-2017  and informed that they have examined the issue and requested him to wait for 24 – 48 hours time to  for the resolution of issue  to the satisfaction of the complainant.  Except sending the email asking the complainant allow  time of 24-48 hours  to  resolve the issue, the issues were not resolved by the opposite party  and these email correspondences were  in vain.  The damage was occurred before the time of delivery of item to the complainant but the opposite party   failed to resolve the issue and as there was no other go the complainant came up with the present complaint, hence it amounts to deficiency of service on the part of the opposite party.   Therefore the complainant has to seek the refund of the amount.  Accordingly the point is answered in favour of the complainant.

Point No.2: In the result, the complaint is  allowed in part directing the opposite party  

1. To refund an amount of Rs.37,999/- collected towards cost of six seater  Dining table  with interest thereon  at 18% P.A from the date of 17-6-2016 to the date of payment. 
2. The opposite party is further directed to refund  an amount of Rs.7,599/- collected from the complainant towards the cost of Coffee table with interest  thereon at 18% P.A from the date of  17-6-2016 to the date of payment. 
3. The opposite party is further directed to pay a sum of Rs.25,000/- as compensation for causing inconvenience  and mental agony to the complainant by delivering to him  defective products after having received the  cost of the products  
4. The opposite party further directed to pay  Rs.10,000//- as cost of this complaint.  Time for compliance is 30 days from the service of this order as otherwise the opposite party is liable to pay interest on the compensation of Rs.25,000/- from the date of  complaint to the date of payment. 

                        Dictated to steno, transcribed and typed by her pronounced by us on this the    21^st    day of January , 2019

MEMBER                                                                                            PRESIDENT

APPENDIX OF EVIDENCE

PW1                                                                                                               DW1                                                

Dr.BM.Naidu                                                                                                  -

Exhibits filed on behalf of the Complainant:

Ex.A1 is credit card statement issued by Standard Chartered Bank

Ex.A2 is bunch of email correspondence between the complainant and opposite party

Exhibits filed on behalf of the Opposite party: -Nil-

MEMBER                                                                                            PRESIDENT