Date of Complaint : 15.04.2015
Date of Order :09.03.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
TMT.K. AMALA, M.A. L.L.B., : MEMBER – I
DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.No. 170 / 2015
THIS WEDNESDAY 9th DAY OF MARCH 2016
R. Shankar,
S/o. V. Ramasamy,
A-3, Selvam Construction,
142/1, Ohm Sakthi Nagar Main Road,
Valasaravakkam,
Chennai 600 087. .. Complainant.
- Vs-
Key Furniture, Rep. by its Manager, Old No.37, New No.6, Arcot Road, Vadapalani, Chennai 600 -026. .. Opposite party. | | .. Opposite party. |
| | |
For the complainant : M/s. V. Balaji & A.Sermaraj
For the opposite party : Exparte
ORDER
THIRUMATHI.K.AMALA, :: MEMBER-I
1. Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite party to refund a sum of Rs.23,000/- with interest and also to pay a sum of Rs.2,00,000/- as compensation for mental agony and deficiency in service and Rs.25,000/- as cost of the complaint to the complainant.
2. Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version. Hence the opposite party was set exparte on 12.1.2016.
3. Perused the complaint, and the documents Ex.A1 to Ex.A3 filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.
4. The complainant contended that he placed an order for supply of 6 x 6-½ feet Memory Foam Bed with the opposite party and also paid a sum of Rs.23,000/- on 13.2.2015 and the same was delivered at the complainant’s residence on 14.2.2015. When the bed was delivered he found that it was not the one ordered by the complainant. When he contacted the opposite party regarding the supply of incorrect bed they directed him to come to their godown where the complainant found that the size which he ordered was not available. Hence the opposite party promised that they would deliver correct size bed within three weeks. But after three weeks the opposite party did not responded the call of the complainant. Hence he issued a letter explaining the difficulties’ undergone by him due to the incorrect bed supplied by them and due to which he could not use the same and kept unused as such he requested the opposite party to repay the cost of the bed along with compensation. But the opposite party failed to send any reply inspite of receipt of his notice and also failed to comply the request of the complainant. Hence the complainant filed the above complaint to refund a sum of Rs.23,000/- being the cost of the bed by taking back the bed supplied by the opposite party along with compensation and cost of the complaint.
5. Ex.A1 shows that the complainant ordered 6 x 6-½ feet Memory Foam Bed with the opposite party for a sum of Rs.23,000/- and also paid the full amount.
6. The grievance of the complainant is that the bed delivered by the opposite party was not the one ordered by him but it was a different size and as such he could not use the said bed but when he visited the godown of the opposite party on their request he found that the said size which is required was not available and the opposite party promised to deliver within three weeks but they neither delivered the complaint mentioned bed nor attended his calls.
7. Further Ex.A2 notice to the opposite party also reveals that the opposite party delivered an incorrect size bed which is contrary to the order placed by the complainant and as such it was retained by him un-useable and also he was put into much hardship due to the act of the opposite party.
8. It is pertinent to note that though the opposite party committed deficiency in service by supplying the complaint mentioned bed contrary
to his order they were also negligent in not responding to the grievance of the complainant to refund the cost of the bed, as such it shows that the opposite party has not rendered service in proper manner, due to which the complainant was also suffered much hardship.
9. Moreover the opposite party had not appeared before this forum to give any contra evidence to defend their case.
10. Considering the facts and circumstances of the case, the complainant is entitled for refund of cost of the complaint mentioned bed and as such the opposite party is liable to refund the amount of Rs.23,000/- being the cost of the complaint mentioned bed by taking the bed supplied by them as claimed by the complainant. Furthermore the opposite party is liable to pay compensation to the complainant towards mental agony. Whereas the compensation claimed by the complainant is exorbitant and as such he is entitled for just and reasonable compensation of Rs.10,000/-.
In the result, the complaint is partly allowed. The opposite party is directed to refund a sum of Rs.23,000/- (Rupees Twenty three thousand only) by taking back the bed supplied by them and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) towards litigation charges to the complainant within six weeks from the date of this order failing which the above amounts (Rs.23,000/- & Rs.10,000/-) will carry interest at the rate of 9% p.a. from the date of this order to till the date of realization.
Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 9th day of March 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s Side documents :
Ex.A1- 13.2.2015 - Copy of receipt.
Ex.A2- 10.3.2015 - Copy of letter of the complainant.
Ex.A3- 12.3.2015 - Copy of Ack. card.
Opposite party’s side documents: -
.. Nil .. (exparte)
MEMBER-I MEMBER-II PRESIDENT.
