Date of Filing: 13.06.2008<br /> Date of Order:12.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 12TH DAY OF AUGUST 2008<br /> PRESENT<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: 1320 OF 2008<br /> Rahima Begum<br /> W/o. Mohd. Rafeequlla<br /> R/at No. 45, Corporation Quarters<br /> Berlie Street Cross, Shanti Nagar<br /> Langford Town, Bangalore 560 025 Complainant<br /> <br /> V/S<br /> Pericho Prabhu<br /> Vice President Operations<br /> Orange Woods, Corp. Off: No. 405 & 406<br /> Prestige Meridian II, 29-30, M.G. Road<br /> Bangalore 560 001 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that the complainant had booked a sofa of Rs. 32,750/- on 04.05.2008 after reading the advertisement of Orange Woods “buy a sofa worth of Rs. 29,750/- and take home furniture worth of Rs. 70,000/- including sofa. The free items were T.V. Wall unit, Dining table, King Size Cot and a centre table”. The complainant has paid Rs. 18,421/- to the opposite party. Complainant has been contacting the customer care to find out about the delivery of the furniture for the past 25 days continuously. She is getting promises and assurances only. Complainant has been disappointed. She is undergoing a lot of tension on account of attitude of the opposite party. The opposite party company is fooling and cheating the public by giving such kind of advertisement without standing by the commitment made to the public. <br /> 2. Notice was issued to opposite party. Opposite party has put in appearance through advocate. Defence version filed. The opposite party admitted in the defence version that complainant has paid Rs. 18,421/- and if the complainant pays the balance amount of Rs. 18,422/- opposite party is ready and willing to deliver sofa set and other items. <br /> 3. Arguments are heard. <br /> 4. During the course of hearing the matter the representative of opposite party was present before the Fora and she submitted that opposite party is ready and willing to honour the commitment made in the advertisement. Opposite party is ready and willing to give the sofa set, TV wall unit, dining table, king size cot and centre table to the complainant on payment of balance of amount of Rs. 18,422/-. The representative of the opposite party also submitted that even the opposite party is ready to refund the amount paid by the complainant. The learned advocate for the complainant submitted that complainant was earlier ready to pay the balance amount and receive all the items as per the commitment but now the complainant is not ready to accept the offer made by the opposite party on account of indifferent behaviour of the opposite party. The learned advocate submitted that the opposite party may be directed to refund the amount with interest and costs. Consumer Protection Act is a social legislation. It is enacted to protect the better interests of the consumers. The option must be given to the complainant either to pay the balance amount and receive all the items as per the advertisement or she may get back the amount paid to the opposite party with interest. The opposite party shall have to pay the interest on the amount received. The amount has been utilized by the opposite party. The complainant cannot put to loss by foregoing interest. Taking into consideration the submissions made during the course of arguments and on the facts and circumstances of the case it is just, fair and proper to pass the following:<br /> Order:<br /> 5. The complaint is allowed. The complainant is given option to pay Rs. 18,422/- and get sofa set, TV wall unit, dining table, king size cot and centre table from the opposite party. In case she does not want to take the articles in that event the opposite party is directed to refund Rs. 18,421/- to the complainant along with 18% interest p.a. from the date of payment till realization.<br /> 6. The complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite party.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 12TH DAY OF AUGUST 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> CV<br />