By Sri. Mohamed Ismayil.C.V, Member
The case of the complainant is as follows:-
1. The complainant purchased a wardrobe through on line from the opposite party for Rs.28,069/-. But within a period of two or three months from the date of fixation fungus was affect in outside and inside of the wardrobe. As a result the mirror of the wardrobe was fell down and broken. So the complainant repeatedly contacted the customer care centre of the opposite party to resolve the issue. According to the complainant the customer care centre assured that carpenter team of the opposite party would contact the complainant to rectify the damage. But the opposite party did not take any steps to rectify the damage eventhough the complainant contacted may times. Finally, in the month of June, the carpenter team of opposite party came and informed that the damage was caused due to manufacturing fault. The carpenter team also announced that the opposite party would refund the price of the wardrobe. Later, when the complainant contacted the office of the opposite party, they stated that the mishandling of the wardrobe was the cause of damage. So no refund was allowed. Thus the complainant approached this Commission to get an order by directing the opposite party to pay altogether compensation of Rs.1,00,000/ to the complainant.
2. The complaint was admitted and issued notice to the opposite party. But the opposite party do not appeared and filed version even though received notice.
3. The complainant filed affidavit as part of the evidence and also produced documents. The documents produced by the complainant marked as Ext. A1 to A4. Ext.A1 document is the copy of email letter dated 06/07/2022 sent by the complainant to the opposite party and its reply stating rejections of refund/ repair request. Ext. A2 document to the email letter sent by the opposite party to the complainant dated 06/07/2022. Ext. A3 document is the copy of email letter sent by the complainant on 24/05/2022 and its reply by the opposite party . Ext. A4 document is the copies of the colour photograph showing the damage of the wardrobe.
Heard the complainant. Perused documents and affidavit filed by the complainant. There is no contra evidence against the complainant. The document produced by the complainant reveals that damage was occurred to the wardrobe purchased from the opposite party. From the evidences available on record, it can be seen that defect was found during warranty period. The allegation raised in the complaint is supported by the Ext. A1 to A4 documents. So the complaint is stands as allowed in the following manner.
- The opposite party is directed to refund Rs.28,069/- to the complainant as the price of the damaged wardrobe.
- The opposite party is directed to pay to pay Rs.25,000/- to the complainant as compensation for the mental agony and hardship suffered due to the negligent act of the opposite party.
- The opposite party is also directed pay Rs.5,000/-/- as the cost of the proceedings to the complainant.
The opposite party shall comply this order within a period of one month from the date of receipt of this order otherwise the entire amount shall carry 9% interest per annum till the date of realization.
Dated this 11th day of October, 2022.
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A4
Ext.A1: Copy of email letter dated 06/07/2022 sent by the complainant to the
opposite party and its reply stating rejections of refund/ repair request.
Ext.A2: email letter sent by the opposite party to the complainant dated 06/07/2022
at 10.55 am.
Ext A3: copy of email letter sent by the complainant on 24/05/2022 and its reply by the opposite party .
Ext A4: copies of the colour photographs showing the damage of the wardrobe.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
VPH
