IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday the 28^th day of February, 2020.

                                      Filed on 11-10-2018

  Present

1. Smt. Sholy P.R, B.A.L,LLB (President-in-charge)
2. Smt.C.K.Lekhamma, B.A, LLB (Member)

In

CC/No.263/2018

   between

  Complainant:-                                                         Opposite party:-

Sri.Aneesh Raveendran                                           M/s Sajus Enterprises

Aneesh Nilayam                                                      Riya Tower

Thuruthimel                                                            Puthur, Kottackal

Neduvaremkodu P.O                                               Malappuram- 676503

Chengannoor

ORDER

C.K.LEKHAMMA(MEMBER)

The case of the complainant is as follows:-

The complainant had booked a dining table set in an exhibition stall at Chengannur.  The same day itself opposite party received Rs. 1000/-(Thousand)  as advance.  The total price of the product under dispute was Rs. 35,500/- (thirty five thousand and five hundred only).   The product under dispute was supplied by the opposite party  on 23-01-2018.  According to the complainant, the opposite party received the balance amount of Rs. 34,500/-(Thirty four thousand and five hundred only)  and assured 10 years warranty for the same.  Unfortunately within one year itself the top of the dining table (made up of wood) bend upward and cannot be used as a dining table.  The complainant has informed the same to the opposite party But they did  not turn up to rectify the defect.  Hence this complaint.

 The complainant seeking the following reliefs against the opposite party.

I. To direct the opposite party to take back the defective furniture and to refund Rs.35,500/-(Thirty five thousand and five hundred only) being the price of the dining table set.

ii. Compensation for mental agony and cost of the proceedings.

2.       No oral evidence to the complainant and filed proof affidavit.  Ext.A1 marked on his side.   Opposite party called absent.  The complainant was heard.

3.       Ext.A1 order form shows that the opposite party received Rs. 1000/-(Thousand) as advance from the complainant.  In which it is specifically stated that the total price of the furniture is Rs. 35,500/-(Thirty five thousand and five hundred only).  The case of the complainant is that the dining table in dispute is defective and he is unable to use the same.  The complainant alleges that the opposite party has given 10 years warranty but the defect occurred within  the period of one year itself.  Even though the opposite party received notice from this Forum but did not care to appear in this Forum.  Evidently there is no contrary evidence against the case of the complainant.  The evidence of the complainant remains unrebutted.  Therefore, we are of the opinion that the complainant is entitled to get refund of the price Rs.35,500/- (Thirty five thousand five hundred only),  being the price of the disputed dining table set, from the opposite party.  It appears that within a short span of time the defect appears and even after the intimation the opposite party did not care to attend the defect.  Seemingly there is deficiency in service on the part of the opposite party. Hence the complainant is entitled to get compensation from the opposite party.  We think that a compensation of Rs. 2000/-(Two thousand only)  is enough to meet the ends of justice no order as to costs of the proceedings since we have already ordered refund of the price and compensation.

4.       Accordingly we allow the complaint as follows:-

(1) The opposite party shall refund Rs. 35,500/-(Thirty five thousand five hundred only) to the complainant.  In that event the complainant is directed to return the disputed product (dining table +6 chairs) to the opposite party.  The transporting expenses should be bear by the opposite party.

(II) The opposite party shall pay Rs. 2000/-(Two thousand only) to the complainant as compensation for the deficiency in service on their part.

The above order shall be complied within a period of one month from the date of receipt of copy of this order, failing which the said amounts shall carry interest @ 9% per annum from the date of receipt of this order till realization.

          Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 28^th  day of February, 2020

Sd/-Smt. C.K.Lekhamma (Member)

                                                Sd/-Smt. Sholly.P.R(President-in-charge)

Appendix:-

Evidence of the complainant:-

Ext.A1       -  Bill dtd. 20/01/2018

Evidence of the opposite parties:-  Nil

// True Copy //

To

          Complainant/Oppo. party/S.F.

                                                                                                     By Order

                                                                                                Senior Superintendent

Typed by:- Sa/-

Compared by:-