Date of Order : 25.02.2017
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to return Rs. 19,100/- ( Nineteen Thousand One Hundred only ).
- To direct the opposite parties to pay Rs. 45,000/- ( Rs. Forty Five thousand only ) for mental torture, compensation as well as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased one set of sofa Z model and one set of center table for total sum of Rs. 19,100/- on 20.03.2013 from shop of opposite party who granted receipt which has been annexed as annexure – 1. Later on after making complaint to opposite party with regard to defective sofa and center table, the opposite party accepted his deficiency and changed the aforesaid sofa and center table which was also noted in annexure – 1.
The further case of the complainant is that the aforesaid sofa and center table also became defective within a fortnight and soon thereafter complaint was made to the opposite party who did not pay heed to request of the complainant. Thereafter on 09.05.2013 at about 6:00 PM complainant came to the shop of opposite party with one friend and requested to redress his grievance but the staff of opposite party misbehaved with him and stated that goods once sold are changed only once and no further. The complainant has stated that he had purchased the aforesaid articles on assurance of the opposite party that the aforesaid article are made of sisam wood but the aforesaid furniture were found made of ordinary wood most probably of pipal wood. Thereafter complainant sent a legal notice through his lawyer vide annexure – 2 which was replied by opposite party vide annexure – 3. The complainant again sent a legal notice to the opposite party vide annexure – 4 stating therein that annexure – 1 does not contain either TIN No. or VAT No. which is mandatory under the law. The annexure – 4 was duly replied by annexure – 5 by the opposite party.
On behalf of opposite party a written statement has been filed accepting the genuinity of annexure – 1. It has been accepted by the opposite party that no question of returning the amount received by him vide annexure – 1 i.e. Rs. 19,100/- because there was no guaranty or warranty on the goods which the complainant had purchased. It has been also stated in Para – 3 of written statement of the opposite party that for realizing the amount of Rs. 19,100/- the opposite party may file money suit before Civil Court because no such type of case is maintainable before this Forum. It has been also asserted by the opposite party that at the foot note of annexure – 1 i.e. receipt it has been categorically mentioned that “ Goods Once Sold can Not Be Taken Back.’
It has been also stated in written statement that aforesaid sofa and table were damaged due to human error and as the items to be sold are displayed in the shop hence there is no question of cheating a person.
Heard both the parties and examined the record in the light of aforementioned submission of aforesaid parties.
The complainant has not stated about the nature of the defects in the sold articles but as the opposite party had changed the sofa and center table on the request of the complainant hence it is presumed that it was defective.
The controversy surrounds about the replaced sofa and center table because it again developed defects within two months but in Para – 5 of written statement it was admitted that defect was caused due to human error and by negligence and carelessness of the complainant and opposite party is ready to repair the damaged parts. This admission by the opposite party clearly proves that the replaced sofa and center table became defective within two months.
It is needless to say that if a person purchases new sofa or center table then he or his family are careful about its safety hence the claim of the opposite party that defect was caused by carelessness of the complainant is not believable. The fact remain that the replaced sofa and center table developed defects due to which the opposite party was ready to repair the same.
The next ground taken by the opposite party that in the receipt i.e. annexure – 1 it is mentioned that “Goods once sold cannot taken back.” Hence the aforesaid sofa cannot be replaced as there was no guaranty or warranty. The very fact that the sofa and center table replaced by the opposite party shows that opposite party has not acted as per his terms.
It goes without saying that the annexure – 1 does not contain either Vat No. or Tin No. which is mandatory as per law.
The contention of the complainant that at the time of purchase of the aforesaid sofa and center table he was assured by the opposite party that it was made of sisam wood, seems to be truth worthy because no person will like to purchase a sofa and center table of third class wood.
For the discussion made above we find and hold that by selling defective sofa and center table the opposite party has committed serious deficiency.
Hence we direct the opposite party to return the price of sofa and center table which he has received vide annexure – 1 i.e. Rs. 19,100/- within the period of two months from the date of receipt of this order of certified copy of this order failing which opposite party will have to pay 10% interest on the above said amount till its final payment.
The complainant is also directed to return the sofa and center table purchased by him vide annexure – 1 to the opposite party at the time of receiving the aforesaid amount of Rs. 19,100/- from the opposite party, if the same are in custody of the complainant.
Opposite party is further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
