Date of Filing: 14.07.2008<br /> Date of Order:29.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 29TH DAY OF AUGUST 2008<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1575 OF 2008<br /> P. Sathyakumar<br /> R/at No. 546, Temple Street<br /> Vijayashree Pura<br /> Gangothri Post, Mysore Complainant<br /> <br /> V/S<br /> Nisar Khan<br /> Proprietor Indian Furniture<br /> No. 27, 7th Main Road<br /> Muninanjappa Block<br /> Dinnur Main Road<br /> R.T. Nagara Post, Bangalore 32 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that on 15.08.2005 complainant had booked a sofa set with opposite party and paid Rs. 2,000/- as advance. The total cost of the furniture as per the bill is Rs. 18,000/-. On 27.08.2005 opposite party delivered the furniture to the complainant. Balance amount of Rs. 16,000/- was paid by the complainant. Opposite party has agreed for 5 years free service for the damages caused to the furniture. The furniture delivered by the opposite party found manufacturing defect. Complainant informed the same to opposite party and opposite party got it repaired. After some time the complainant found some defect in the belt system and in the covering leather of the furniture. In the month of February 2008 complainant requested the opposite party for repairs of the sofa set. Complainant requested the opposite party several times for repairs of the sofa but opposite party did not comply the request of the complainant. The complainant got issued legal notice to opposite party on 21.02.2008 calling upon the opposite party to get repair the sofa set or to repay the amount or to replace the same with new sofa. In spite of the notice the opposite party has not comply the request. Hence, the complaint. <br /> 2. Notice was issued to opposite party through RPAD. Notice served on opposite party and the case was posted to 20.08.2008. None appeared for opposite party when called out. Opposite party remained absent. No body represented opposite party. Opposite party has not even sent reply or defence version to forum. Opposite party placed as exparte.<br /> 3. The complainant was heard. Perused complaint and documents.<br /> 4. The case put up by the complainant was gone unchallenged. The complainant has produced a bill dated 15.08.2005. By this bill it is clear that 5 seater sofa set (3+1+1) Model Butterfly – II Colour Full Black front wood teak finish was purchased by the complainant for Rs. 18,000/-. The furniture was delivered on 28.08.2005. In this bill 5 years free service for any manufacturing defect is mentioned. There was some defect and the complainant informed the same to opposite party in the year 2006 and the opposite party obliged the complainant and got repaired the furniture. Thereafter, the complainant found some defect in the sofa set. He requested opposite party to carryout the repairs. He had also sent letters and contacted the opposite party over phone but the opposite party has not taken any steps to rectify the defect or repair the sofa set. Therefore, the complainant got issued legal notice through Lawyer V. Venkataramaiah. The copy of notice was produced. In respect of the notice the opposite party has not attended the grievance of the complainant and the sofa set was not repaired or rectified even though there was 5 years free service condition. The opposite party has not taken any interest in giving service to the customer as per the commitment and obligation. Therefore, it is definitely deficiency in service on the part of the opposite party. Consumer Protection Act is enacted to safe guard the better interests of the consumers. Opposite party should have taken interest and steps to repair sofa set immediately after receiving complaint from the complainant. The complainant having purchased sofa set for Rs. 18,000/- from the opposite party, the opposite party should see that the goods or furniture supplied to the customer shall be of good standard and he should give free service for 5 years as agreed upon. So under these circumstances the case put up by the complainant shall have to be accepted. The opposite party has not appeared and contested the case. Therefore, there is absolutely no reason to disbelieve the case put up by the complainant. Therefore, the opposite party shall be directed to suitably repair the sofa set and make it defect free and comfortable for use. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party is directed to get repair the sofa set supplied to the complainant and shall make it defect free and comfortable to make use of the set free of cost within 30 days from the date of this order.<br /> 6. The complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite party.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 29TH DAY OF AUGUST 2008. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> CV<br />