CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD
Dated this the 30th day of March, 2015
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER Date of filing : 29/12/2014
CC /206/2014
Dayanandan.K,
S/o.Sivaraman Nair,
Deepam, Surya Nagar, : Complainant
N.S.S. Engineering College P.O,
Palakkad -678 008
(Party in person)
Vs
Noushad,
Bismi Furniture Shop, : Opposite party
Mundur, Near Dhanalakshmi Bank,
Thrissur (Kunnamkulam Road)-680 541
(Party in person)
O R D E R
By Smt. Suma. K.P, Member,
The complainant purchased a corner sofa from the opposite party from an exhibition stall conducted during February, 2014 by Malayala Marorama at Palakkad Stadium Bus Stand. The opposite party approached the complainant’s house and took measurement and supplied the article at his residence. But the said sofa became useless the very next month during March. The complainant contacted the opposite party over telephone and reported the matter. The opposite party informed that he shall repair the same by one Mr.Khaleel and the phone number of the Khaleel was informed to the complainant. The said Khaleel informed the complainant that the belt of the sofa is broken and he shall get it replaced. After two months when the complainant contacted him, the said Khaleel informed that he may contact the opposite party hereafter and there is no need of contacting him. The complainant again contacted the opposite party and the opposite party again introduced one Mr.Sidhique so as to repair the disputed sofa. The process went on and the opposite party neither repaired the sofa nor replaced the same. Atlast the complainant issued a registered letter to the opposite party stating either to replace the sofa or to get it repaired. But the opposite party did not accepted the said notice. Complainant submits that he had suffered lot of mental stress and strain by the above acts of the opposite party. The above act of the opposite party amounts to deficiency of service. Hence he had approached before this Forum seeking an order directing the opposite party either to replace the above sofa or to get it repaired, along with Rs.50,000/- as compensation for the mental agony suffered by him.
The notice was issued to the opposite party for appearance. The notice was returned as “unclaimed”. It is the settled position of law that the notice returned as unclaimed is deemed to be served. Hence opposite party was called absent and set exparte.
The complainant filed chief affidavit along with supporting documents to prove his case. He had also taken out an Advocate Commission who had inspected the property and filed a detailed report. Ext.A1-A4 was marked from the part of the complainant and the commission report was marked as Ext.C1.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite
party?
2. If so, what is the reliefs and cost?
ISSUES 1 & 2
From the report filed by the commissioner it is obvious that the alleged corner sofa is having several complaints and it has become useless. The stitching of the sofa has completely damaged and it is torned of and the fillings inside had come out. Since the opposite party remained exparte, and there is no other contradictory evidence to disprove the allegations stated in the complaint, the complaint is allowed and the opposite party is directed to replace the corner sofa within one month from the date of receipt of this order. We also direct the opposite party to pay an amount of Rs.10,000/- (Rupees Ten thousand only) to the complainant as compensation for the mental agony suffered by him and Rs.3,000/-(Rupees Three thousand only) as cost of this complaint within one month from the date of receipt of this order failing which complainant is entitled to get 9% interest for the whole amount from the date of order till realization. In case of default of replacing the sofa within the prescribed period, complainant can realize the cost of the sofa Rs.28,500/-( Twenty eight thousand and five hundred only) with 9% interest from the date of order till realization.
Pronounced in the open court on this the 30th day of March, 2015.
Sd/-
Smt. Shiny.P.R
President
Sd/- Smt. Suma. K.P
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1- Brochure of Opposite party’s Shop
Ext.A2- Order form of Opposite party’s shop dtd.23/02/2014
Ext.A3 – Copy of registered letter dtd. 12/09/2014
Ext.A4- Returned cover unclaimed
Ext.C1 - Commission Report- Adv.Asha.M
Exhibits marked on the side of opposite party
Nil
Witness marked on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost Allowed
Rs.3,000/- as cost.
