Date of Filing:14.10.2008<br /> Date of Order:30.12.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF DECEMBER 2008<br /> PRESENT<br /> <br /> <br /> <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: 2219 OF 2008<br /> <br /> <br /> Dr. B.N. Saras Chandra Singh,<br /> S/o Late Dr. B.S. Narayana Singh,<br /> R/at: No.109 (Behind Kabir Mutt),<br /> Sunkenahalli, Hanumanthangar, <br /> Bangalore 19. Complainant<br /> <br /> V/S<br /> <br /> “Orange Woods”, <br /> No. 405 and 406,<br /> Prestige Meridian II-29-30,<br /> M.G. Road, Bangalore-01. Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> This is a complaint filed U/Sec. 12 of the Consumer Protection Act, 1986 requesting that opposite party may be directed to replace the Sofa Set and to give gift articles or the market value of the furniture and other items and also for compensation of Rs.10,000/- for deficiency in service. <br /> 2. The complainant has paid a sum of Rs.31,609/- to the opposite party under receipt No.144 dated 4/5/2008. On 13/6/2008 the complainant has received the Sofa Set but other gift items were not received as promised by the opposite party. The opposite party has taken entire money towards Sofa Set and other articles on 4/5/2008. The opposite party has not delivered the goods within 15 days. Sofa Set delivered is of substandard set.<br /> 3. Notice was issued to opposite party by RPAD. The opposite party put in appearance and filed defense version. The representative of the opposite party was present and he submitted that as per the order and commitment the opposite party is ready to supply the other five items. In the defense version also, it is stated that even now the opposite party is also ready to give the gift items as promised. The opposite party is ready to refund an amount of Rs.9,391/-. The learned Advocate for the complainant submitted that the complainant is ready to receive five gift items as promised by the opposite party and he submitted that opposite party may be directed to repair the Sofa Set which has been supplied to the complainant since same is damaged and substandard Sofa Set has been supplied to the complainant. The learned Advocate for the opposite party also submitted that the opposite party is ready to give all the five items as promised and the opposite party will also carry out repair works to the Sofa Set and same will be made defect free. In view of the submissions made during the course of hearing the matter deserves to be disposed off by giving directions to the opposite party to supply defect free 5 gift items as per the advertisement and also to repair the Sofa Set free of cost. It is unfortunate that the opposite party has not delivered the gift items within 15 days as promised in the order form. The complainant has paid the entire amount of Rs.31,609/- on 4/5/2008 and the complaint has been filed on 14/10/2008 since the opposite party had failed to deliver the articles. Before filing the complaint before this fora, the complainant got issued legal notice on 24/9/2008. The opposite party should have supplied the articles within 15 days after receipt of the amount. Non supply of articles within 15 days definitely amounts to deficiency in service. Customer is the most important visitor in the premises of the opposite party or service provider. A customer or consumer is not dependent on the opposite party. On the other hand the opposite party is dependent on him. The customer satisfaction is the most important in any business management. The grievances of the customer should be attended promptly. The opposite party should have expressed its apology for not supply the articles within time frame and requested the complainant for giving some more time. It is unfortunate that the complainant was forced to file complaint for getting the relief. The complainant has invested his time and money in getting the articles. Consumer Protection Act is a social and benevolent legislation intended to safeguard the better interest of the consumers. Any how the matter is settled by the intervention of the Forum, the opposite party shall supply the five items which shall be defect free since the complainant has invested time and energy and put to inconvenience and mental agony. The opposite party shall be directed to pay Rs.2,000/- towards cost of the present proceeding apart from delivery of five gift items as promised in the order form. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> <br /> 4. The Complaint is allowed. The opposite party is directed to supply one wooden cot, one TV, Wall stand, one center table, and one dining table with six chairs within 15 days from the date of this order. <br /> 5. The opposite party is directed to repair and make defect free Sofa Set supplied to the complainant on its own costs.<br /> 6. The opposite party is directed to pay Rs.2,000/- as costs of the present proceedings to the complainant.<br /> 7. The opposite party is directed to comply the order within 15 days from the date of this order.<br /> 8. Send the copy of this Order to both the parties free of costs immediately as a statutory requirement. <br /> 9. Pronounced in the Open Forum on this 30TH DAY OF DECEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> <br /> Rhr.<br />