<br /> COMPLAINT FILED: 28.07.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 17th SEPTEMBER 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SRI. SYED USMAN RAZVI MEMBER <br /> SMT. M. YASHODHAMMA MEMBER <br /> <br /> COMPLAINT NO.1656/2008<br /> <br /> <br /> COMPLAINANT Sri.J.Ramesh,Aged about 35 years,S/o Jayapalan,Residing at No.102,MIG 7th Cross, 2nd Stage,K.H.B Colony, Basaweshwara Nagar,Bangalore – 560 079.Advocate – Sri.G.RamakrishnaV/s.<br /> OPPOSITE PARTIES 1. The Manager,Orange WoodsNo.114/1, Outer Ring Road,Dodda Banasawadi,Vijaya Bank Colony,Bangalore – 560 043.2. The Managing Director,Orange Woods,No.405/406, 4th Floor,Prestige Meridian – II,M.G Road,Bangalore – 560 001.Advocate – Sri.N.Ramachandra<br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.1,16,475/- and for such other relief’s on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant being lured away with the advertisement and propaganda issued by the OP who claims to be the manufacture and dealers of wooden furniture in the name and style “Orange Woods” thought of placing the order for the bedroom set. The said advertisement appeared in the daily newspaper like Times of India, Deccan Herald etc. Bedroom set consists of Dressing Table, Cot, Wardrobe and Side Table. The cost of which was Rs.39,375/- Complainant placed the said order on 04.05.2008 and paid the said amount through his ICICI credit card. OP promised to deliver the said furniture within 15 days from the date of booking. But thereafter some how failed to keep up its promise in spite of the repeated requests and demands made by the complainant. Thus complainant felt deficiency in service on the part of the OP. Being fed up with the hostile attitude of the OP complainant even caused legal notice to OP on 30.06.2008, again there was no response. Though complainant invested his hard earned money he is unable to reap the fruits of his investment because of the unfair trade practice on the part of the OP. Under the circumstances he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP they have kept ready the said furnitures for delivery and did intimate the complainant. But complainant himself did not turn up to take delivery of the said goods. No fault lies with the OP. OP has expressed its desire that if the complainant is not interested to take delivery of the said goods he may take back the amount what ever he has paid. For that also complainant is not agreeable. Entire complaint is devoid of merits. There is no deficiency in service of any kind on the part of the OP. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant has placed an order for Bedroom set with the OP on 04.05.2008 which includes Dressing Table, Cot, Wardrobe and Side Table. Cost of the said Bedroom set is Rs.39,375/-, which is paid by complainant through his ICICI credit card. This fact is not denied by the OP. Now the grievance of the complainant is that though OP promised to deliver the said set within 15 days from the date of placing an order it failed to do so in spite of his repeated requests and demands. That is why he caused the legal notice on 30.06.2008 that is nearly after 55 days. Copy of the legal notice is produced which is served on the OP. Again there was no response. Under the circumstances complainant felt deficiency in service on the part of the OP.<br /> <br /> 7. The evidence of the complainant appears to be very much natural, cogent and consistent. There is nothing to discard his sworn testimony. His evidence finds full corroboration with the contents of the undisputed documents. Though complainant invested his hard earned money he is unable to reap the fruits of his investment because of the non delivery of the said furniture in time by the OP. OP having retained the said huge amount for all these days without delivering the furniture accrued the wrongful gain to itself thereby caused wrongful loss to the complainant that too for no fault of his.<br /> <br /> 8. As against this unimpeachable evidence of the complainant the defence set out by the OP appears to be defence for defence sake, an eye wash, just to save their skin out of sin and to avoid their liability. It is contended by the OP that they kept ready the Bedroom set for delivery as per the order placed on 04.05.2008 but complainant failed to take delivery of the same. It is the usual business practice that when an order is placed for the supply of certain furniture duty cast upon the business people like OP to deliver the said goods to the complainant door steps. If really OP had kept ready the said furniture on 04.05.2008 he would have caused a notice to the complainant to come and take delivery of the same, but no such steps are taken even not bothered to reply the legal notice issued by the complainant. That means to say OP on one or the other reason in directly admits the non delivery of the said furniture in time. Now OP has come up with the fair submission that if complainant is not interested to take delivery of the said furniture they are ready to refund the cost paid by the complainant.<br /> <br /> 9. Having taken note of all these facts and circumstances, we find the claim of the complainant with regard to the expenditure incurred by him in contacting the OP to the tune of Rs.15,000/- and for mental agony Rs.50,000/- and legal notice cost Rs.10,000/- appears to be exorbitant and highly imaginary. In view of the discussions made by us in the above said paras justice will be met by directing the OP to refund Rs.39,375-00 together with 12% interest from 04.05.2008 till realization and pay a compensation of Rs.4,000-00 and litigation cost of Rs.1,000-00. Accordingly we answer point Nos.1 & 2 and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to refund Rs.39,375/- together with interest at the rate of 12% p.a from 04.05.2008 till realization and also pay a compensation of Rs.4,000/- and litigation cost of Rs.1,000/- to the complainant.<br /> <br /> This order is to be complied within four weeks from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 17th day of September 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> Vln* <br /> <br /> <br />