Tamil Nadu

South Chennai

CC/92/2017

M/S.Jain Millennium Builders Pvt Ltd - Complainant(s)

Versus

M/s.Designo Lifesyle Solution Pvt Ltd - Opp.Party(s)

Jayanthikshan

14 May 2018

ORDER

                                                                        Date of Filing :  03.02.2017 

                                                                        Date of Order :  14.05.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

  @   2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3.

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

C.C. NO.92/2017

DATED THIS MONDAY THIS  14^TH DAY OF MAY 2018

 

M/s. Jain Millennium Builders Pvt. Ltd.,

Rep. by its Director Mr. Rajendra Mehta,

J- Plot No.3552, 6^th Avenue,

Anna Nagar East,

Chennai – 600 102.                                                     .. Complainant

                                                       ..Versus..

 

M/s. Designo Lifestyle Solutions Pvt. Ltd.,

Rep. by its Managing Director,

Old No.9, New No.15, 1^st Floor,

Khader Nawaz Khan Road,

Nungambakkam,

Chennai -600 006.                                                 .. Opposite party.

 

Counsel for the Complainant         :    M/s. Jayanthi K Shah

Counsel for  the Opposite party     :    Exparte.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 seeking to pay a sum of Rs.2,16,000/- being the cost price of three comforters with interest at the rate of 18% p.a., to pay a sum of Rs.4,00,000/- towards compensation for mental agony and to pay cost of the compliant.

 

1.      The averment of the complaint in brief are as follows:

The complainantsubmits that he had placed order for six number of comforters with the opposite party on 18.11.2015 and 19.11.2015 respectively and paid the entire sale consideration of Rs.5,00,000/-.The three number of comforters costs Rs.2,84,000/- and three number of comforters costs Rs.2,16,000/-.The opposite party delivered three comforters worth Rs.2,84,000/- thereafter, the opposite party has not delivered the three comforters and has not returned the amount also.Even after repeated requests the opposite party turned deaf ears.Then the complainant issued legal notice for which, the opposite has not sent any reply. Hence the complaint is filed.

2.     Inspite of sufficient time was given, the opposite party did not come forward to file written version and therefore the opposite party was set exparte.  

3.     Though the opposite party remained Exparte, this Forum is  dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A4  are marked. 

5.     The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.2,16,000/- paid towards the cost of comforters with interest as prayed for?
2. Whether the complainant is entitled to a sum of Rs.4,00,000/- towards compensation for mental agony with cost as prayed for?

6.     On point:

The opposite party remained exparte.  Heard the complainant Counsel.  Perused the records namely complaint, proof affidavit, documents etc.  The complainant  pleaded and contented that he had placed order for six number of comforters with the opposite party as per Ex.A1 and Ex.A2 on 18.11.2015 and 19.11.2015 respectively and paid the entire sale consideration of Rs.5,00,000/-.  As per Ex.A1, tax invoice three comforters costs Rs.2,84,000/- and as per Ex.A2, the tax invoice, three comforters costs Rs.2,16,000/-.  The opposite party delivered three comforters worth Rs.2,84,000/- thereafter, the opposite party has not delivered the three comforters as per Ex.A2 and has not returned the amount also.  Even after repeated requests the opposite party turned deaf ears. Hence the complainant was constrained to issue Ex.A3, legal notice for which, the opposite has not sent any reply.  Therefore, the complainant filed this case claiming compensation of Rs.4,00,000/- and refund of Rs.2,16,000/- with interest at the rate of 18% p.a.     Since the complainant paid the entire amount towards Ex.A1 & Ex.A2, tax invoices and the opposite party has not delivered the comforters as per Ex.A2, tax invoice proved the deficiency in service and unfair trade practice.   Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall  pay a sum of Rs.2,16,000/- towards the cost of three comforters as per Ex.A2 with interest at the rate of 9% p.a. with compensation of Rs.25,000/- and cost of Rs.5000/- to the complainant.

  In the result, this complaint is allowed in part.  The  opposite party is directed to pay a sum of Rs.2,16,000/- ( Rupees Two lakhs and sixteen thousand only) being the cost price of 3 number of comforters as per Ex.A2 with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 03.02.2017 to till the date of this order and to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

         Dictated by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  14^th day  of  May 2018. 

 

 

 MEMBER-I                                                                                 PRESIDENT

Complainant’s side documents:

Ex.A1	18.11.2015	Copy of invoice for a sum of Rs.2,84,000/-
Ex.A2	19.11.2015	Copy of invoice for a sum of Rs.2,16,000/-
Ex.A3	15.10.2016	Copy of legal notice issued on behalf of the complainant to the opposite party
Ex.A4		Copy of acknowledgement cards

 

Opposite party’s side document: -     ..Nil..

 

 

MEMBER-I                                                                                  PRESIDENT