COMPLAINT FILED: 29-07-2009<br /> DISPOSED ON: 01-10-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 1ST OCTOBER 2009<br /> <br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1790/2009<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> C.Raghavan,<br /> No.494, Venga Nilaya, M.V.Nagar, BEML Nagar Post,<br /> Kolar Gold Field –563 115.<br /> <br /> <br /> Party in Person<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY Orange Group,<br /> Orange Towers,<br /> #114/1, Outer Ring Road,<br /> Vijaya Bank Colony,<br /> Dodda Banasawadi,<br /> Bangalore – 560 043.<br /> <br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> This complaint is filed u/s. 12 of the C.P. Act of 1986 seeking direction to Opposite Party (herein after called as OP) to refund an amount of Rs.36,256/- with litigation expenses on the allegation of deficiency in service on the part of the OP.<br /> <br /> The brief contents made in the complaint is as follows:-<br /> <br /> 2. As per the promise of the OP the electronic items were not received by him for which he has paid Rs.36,256/-. The electronic goods are Sony Home Theatre and IFB Washing Machine. When the complainant did not receive the goods as promised, demanded the OP to refund the amount. OP issued the cheque dated 18-04-2009 the same was presented, but it bounced on 23-05-2009. On 09-06-2009 when the complainant visited OP demanding that amount, OP assured to refund the same, later the office has been closed. Thus, the complaint on the allegation of deficiency in service on the part of the OP.<br /> <br /> 3. Inspite of service of notice OP has not appeared. Hence, OP is placed exparte.<br /> <br /> 4. The complainant filed the affidavit by way of evidence and produced documents along with complaint.<br /> <br /> 5. After the perusal of the complaint allegations and the documents produced it became clear that the complainant has placed orders for supply of electronic goods like Sony Home Theatre and IFB Washing Machine and paid an amount of Rs.36,256/-. OP without supplying the same retained the amount of the complainant. Ultimately, the cheque was issued towards the repayment of that amount. But the said cheque was bounced when presented by the complainant. Thus it becomes clear that without any cause the OP has failed to supply the electronic goods to the complainant and also failed to refund the amount. The cheque was bounced on the ground that the funds are insufficient. Thus, the complainant has proved the deficiency in service on the part of the OP. The complainant is entitled for the relief with litigation expenses. Accordingly, we proceed to pass the following:<br /> <br /> <br /> O R D E R<br /> The complaint filed by the complainant is allowed.<br /> <br /> OP is directed to refund Rs.36,256/- and to pay litigation cost of Rs.500/- to the complainant within four weeks from the date of communication of this orders, failing which the complainant is entitled to claim interest at 12% p.a. on the refund amount from 18-04-2009 till the date of realization. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 1st day of October 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br />