Tamil Nadu

South Chennai

CC/1/2017

P.Sundarajan - Complainant(s)

Versus

M/s.Europe Furniture - Opp.Party(s)

S.Kalyanaraman

01 Jun 2018

ORDER

     Date of Filing :  27.10.2016

                                                                        Date of Order :  01.06.2018

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.01/2017

DATED THIS FRIDAY THIS  01^ST DAY OF JUNE 2018

 

P. Sundarajan,

S/o. Mr. Palaniappan,

No.H 5/8, Wood Work Compound, 

6^th Street, Barathidasan Colony,

K.K. Nagar,

Chennai – 600 078.                                              .. Complainant

                                                       ..Versus..

 

Europe Furniture,

Represented by its Proprietor,

No.109, Poonamallee High Road,

(Near Vanagaram Fish Market &

JCP Building),

Vanagaram,

Chennai – 600 095.                                                  .. Opposite party.

 

Counsel for the Complainant      :    M/s. S. Kalyanaraman & others

Counsel for the Opposite party  :    Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking to refund a sum of Rs.23,000/- being the cost price of the sofa and to pay a sum of Rs.50,000/- towards compensation for mental agony, deficiency in service and unfair trade practice on the part of the opposite party and to pay the cost of Rs.10,000/-.

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

The complainant submits that on 10.4.2016, he booked a sofa in the exhibition conducted at Chennai Trade Centre and paid a sum of Rs.23,000/- vide invoice No.099 Dated:10.04.2016.  Further the complainant submits that the opposite party supplied a different model sofa instead of the sofa displayed in the exhibition on 12.04.2016.   The sofa delivered was a damaged one.  The wooden part of the sofa visible in several places since the foam was torn.   The complainant shown the defects to the staff of the opposite party and requested for replacement with the same model exhibited in the exhibition.   But the opposite party has not come forward either to replace the sofa by the model booked or taken back the sofa supplied which caused mental agony to the complainant.  Hence the complainant issued a notice to the opposite party dated:18.04.2016 and a legal notice dated:02.07.2016 and two remainders dated:23.04.2016 & 11.05.2016.   Thereafter, this complaint was filed.

2.     Inspite of notice sent to the opposite party by this Forum, the cover returned as ‘unclaimed’ and therefore, the opposite party was set Exparte.  

3.     Though the opposite party remained Exparte, this Forum is to 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 documents Ex.A1 to  Ex.A5  are marked. 

5.     The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.23000/- towards the price paid for the sofa and a compensation of Rs.50,000/- towards mental agony and cost of Rs.10,000/- as prayed for?

6.     On point:-

The opposite party remained Exparte.   Heard the complainant’s Counsel also.  Perused the records namely the complaint, proof affidavit, documents etc.   The complainant pleaded and contended that on 10.4.2016, he booked a sofa in the exhibition conducted at Chennai Trade Centre and paid a sum of Rs.23,000/- vide invoice No.099 Dated:10.04.2016 as per Ex.A1.  Further the contention of the complainant is that the opposite party supplied a different model sofa instead of the sofa displayed in the exhibition on 12.04.2016.   The sofa delivered was a damaged one.  The wooden part of the sofa visible in several places since the foam was torn.   The complainant shown the defects to the staff of the opposite party and requested for replacement with the same model exhibited in the exhibition.   But the opposite party has not come forward either to replace the sofa by the model booked or taken back the sofa supplied.  Hence the complainant issued two notices to the opposite party as per Ex.A2 to Ex.A5 for which there is no response.  Hence the complainant was constrained to file this case and proved deficiency in service of the opposite party.  Considering the facts and circumstances of the case, this Forum is of the considered view that  the opposite party shall refund a sum of Rs.23,000/- paid towards the sofa ordered in the exhibition and take back the sofa supplied with a compensation  of Rs.10,000/- and cost of Rs.5.000/- to the complainant.

  In the result, this complaint is allowed in part.  The opposite party is directed to refund the cost price of Rs.23,000/- (Rupees twenty three thousand only) being the Sofa ordered in the exhibition and take back the supplied Sofa and to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above amounts 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 01^st  day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:

 

		Copy of invoice issued by the opposite party
		Copy of notice sent to the opposite party through registered post
		Copy of the remainder sent to the opposite party through registered post
		Copy of the 2nd remainder sent to the opposite party through registered post
		Copy of legal notice sent to the opposite party through registered post

 

                          

MEMBER –I                                                                      PRESIDENT