By Sri.P.K.Sasi, President :
The case of the complainant is that he has booked a Smart corner settee from the Pooram exhibition stall of opposite parties on 19/05/17 by paying Rs.1,000/- as advance. The settee was delivered on 26/05/17 and the balance of Rs.27,500/- was paid by the complainant. Altogether the cost of the settee was Rs.28,500/-. The complainant happened to purchase the product believing the words of the opposite party that it is the best among the available such category of settees.
2) After few months from purchase the settee showed several complaints like stretching of stitching and decaying of the wooden frame work of settee. The nails fixed on various sides are also loosened and fallen down. Altogether the settee became a useless product. The complainant submitted these facts before the opposite party and asked him either to replace the product with any good one or to return its cost. Whereas, the opposite parties were not amenable for that. The act of the opposite parties collecting huge amount and selling low quality product, amounts to deficiency in service as well as unfair trade practice towards the complainant. Then a lawyer notice was issued on 10/1/18 but no relief received hence, this complaint is filed.
3) On receiving complaint, notice was properly served upon the opposite parties evenafter, accepting the notice the opposite parties neither appeared before the Forum nor submitted any version. Hence both the opposite parties set ex-parte and the case was posted for complainant’s evidence.
4) From the side of complainant he has appeared before the Forum and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced 4 documents which are marked as Exts. P1 to P4. Ext. P1 is the purchase bill; Ext. P2 series (3 pages) are the printout of photographs; Ext. P3 is the copy of lawyer notice with postal receipt and Ext. P4 is the A/D card. Since there was no contra evidence available before us, we are inclined to accept the proof affidavit filed by the complainant. We have gone through the contents of affidavit filed and perused the documents produced. We also heard the learned counsel for the complainant in detail.
5) Ext. P1 bill would go to show that the complainant had paid Rs.28,500/- towards the smart corner sofa settee. The Ext. P2 series photo printouts show the damages of the settee. If at all there was any contra evidence for the opposite party, they ought to have been appeared before the Forum and submitted their version.
Considering the points discussed hereinabove, we are of the opinion that the opposite parties committed deficiency in service as well as unfair trade practice towards the complainant.
In the result, we allow this complaint and the opposite parties are directed to return the cost of the settee Rs.28,500/- (Rupees Twenty eight thousand five hundred only) with 9% interest from the date of complaint along with Rs.5,000/- (Rupees Five thousand only) as cost, to the complainant within one month from receiving copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 22nd day of December 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits :
Ext. P1 purchase bill
Ext. P2 series (3 pages) printout of photographs
Ext. P3 copy of lawyer notice with postal receipt
Ext. P4 A/D card
Id/- President
