IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

            DATED THIS THE 26 TH  DAY OF October  2016

Present: -    Smt. G.Vasanthakumari, President

Smt. Ravisusha, Member

Sri.M.Praveen Kumar, Member

         CC.No.146/2016

Chitralekha.R                                            :                  Complainant

W/o Biju

Kailasam

Alumoodu P.O

Mampuzha

Kollam -691577

V/S

Riya Furniture World                               :                  Opposite party

Riya Tower

Chattiparamba

Chengottur P.O

Malappuram – 676503

ORDER

SMT.G.VASANTHAKUMARI, PRESIDENT

Complainant’s case is that while kollam fest was conducted in Asramam Maidan Riya furniture showroom from Malappuram was there , that from there her husband has booked for a cot for Rs.37500 /- and given an advance of Rs 1000/-,that they have received the advance stating that the cot will be given by free home delivery, but up to this time no home delivery effected , that whenever her husband tried to contact the opposite party through the telephone number given in the receipt they used to escape by one way or other, that on one occasion they requested to forward the original receipt since the original receipt in their hand is missing ,that a copy was send to them through whatsapp, that there after also cot not received, that on 08/06/16 she telephoned them and the reason for non

(2)

delivery of cot is stated as no fund with complainant to take delivery, that she informed that if  the advance is not given she will approach the court , that they said that they will return the advance , that even though account numbers intimated

advance not returned , that there after when called they told that  they will not refund the advance and they have no objection in filing the case, hence this case to get back the advance .

Even though notice served on the opposite party, opposite party has not entered appearance and remains exparte to the proceedings.

The points that would arise for consideration are :-

Whether there is any deficiency in service or unfair trade practice on the part of opposite party?
Reliefs and costs?

The evidence in this case consists of the chief affidavit and Exts P1 and P2.

The Point :- Ext P1 order form evidences that on 5/01/16 complainants husband advanced Rs.1000/- for a cot worth Rs 37500/- to opposite party at kollam fest . According to complainant the balance is to be paid when door delivery is effected. But so far delivery of the cot not effected inspite of repeated demands by her husband. She also requested the opposite party to effect door delivery of the cot. At that juncture opposite party informed her that their receipt is missing and she has send a copy Ext P1 through whatsap ,even then opposite party has not cared to deliver the cot. Thereafter when contacted the opposite party for even the advance, they have not turned up .We are of the opinion that opposite party is to return the advance to complainant. There is deficiency in service and unfair trade practice on the part of the opposite party .

In the result, the complaint is allowed in part, directing in the opposite party to refund the advance amount Rs.1000/-  with interest at the rate of 12% per annum from the date of complaint till payment. Complainant is also entitled to get a  

(3)

compensation of Rs.1000/- and cost Rs.500/-. The order is to be complied with within one month of receipt of a copy of this order.

Dated this the 26th day of October 2016.                                                                                                                                

  SMT.G.VASANTHAKUMARI:Sd/-

  SMT.RAVISUSHA:Sd/-

                                                                     SRI.M.PRAVEENKUMAR:Sd/-

                                                                     Forwarded/by Order

I N D E X

Ext.P.1:- Order form dated 05/01/2016

Ext.P.2:-Notice