CC Filed on 23.09.2009<br /> Disposed on 19.11.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 19th day of November 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 134/2009<br /> <br /> Between:<br /> <br /> <br /> K.S. Manjunath,<br /> Door No. 182, <br /> Lakshmangowda Compound,<br /> Ward No. 12, New Extension,<br /> Kolar. <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> Popular Furnitures,<br /> Specialist in all kinds of Wood Works<br /> And Building Wood Works,<br /> Opp. Double Water Tank,<br /> M.B. Road, <br /> Kolar – 563 101. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Party<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to repay Rs.10,000/- towards the price paid for purchase of sofa set and to pay compensation of Rs.5,000/- with costs, interest, etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant purchased a wooden sofa set from OP from on 18.10.2007 for Rs.10,000/-. The OP had given 10 years oral guarantee for the sofa set, but within a year cracks were developed to all the legs of sofa set. Further it is alleged that he brought the defects to the notice of OP and then OP on verifying the sofa set assured to replace it with a new sofa set. Further that inspite of such assurance the OP went on postponing the replacement and did not respond evenafter giving written notices and till now the sofa set is not replaced or its price is not returned and the complainant sustained loss of Rs.5,000/- for expenses for approaching the OP. The complainant has filed the complaint in person and produced the receipt for purchasing the sofa set and produced the copies of notices issued by him. <br /> <br /> 3. The OP though served with notice sent by this Forum remained absent on the date of hearing. Subsequently also he did not appear and did not file version. The complainant filed affidavit in support of his allegations made in the complaint. He produced two photos to evidence the cracks in the sofa set. <br /> <br /> 4. We perused the records. We are satisfied regarding the truth of allegations made in the complaint. We think the complainant may be ordered to be repaid the price paid by him for purchase of defective sofa set. It is clear that the wood used for sofa set was of inferior quality. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed with costs of Rs.1,000/-. The OP is directed to pay Rs.10,000/- (rupees ten thousand only) to complainant within 30 days from the date of this order. In default he shall pay interest at the rate of 6%p.a. on the said amount from the date of default till the date of realization. <br /> On tendering/realizing the amount payable under the award, the complainant shall return the defective sofa set to OP.<br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 19th day of November 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />