IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of September, 2015
Filed on 28.03.2015
Present
1. Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine.D. (Member)
in
C.C.No.100/2015
between
Complainant:- Opposite Party:-
Sri. Jeemon. G Alfa Furniture World
Poomuttathu Vattaparambu
Kalappura Ward Kollakkal Road
Kommady – Mangalam Road Malappuram - 676503
Alappuzha – 688 007
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant’s case in succinct is as follows:-
The complainant on 3rd February 2015 visited the stall put up by the opposite party at the EMS stadium, Alappuzha. The opposite party had put up the material stall in connection with the Coir Fest conducted during 1st to 5th February. The opposite party offered to deliver two chairs on 5th February 2015 for an amount of Rs.8000/- (Rupees eight thousand only) in the complainant’s residence. Believing the opposite party’s words, the complainant ordered two chairs on giving Rs.1000/- (Rupees one thousand only) advance towards the cost of the chairs. The opposite party offered a discount of Rs.300/- (Rupees three hundred only) to the complainant. However, the opposite party did not make it a point to deliver the chairs to the complainant as had been promised to him. The complainant contacted the opposite party over phone and on umpteen occasions otherwise in vain. Finding no way out, the complainant at length demanded the amount of Rs.1000/- (Rupees one thousand only) he handed out to the opposite party towards advance of the chair’s cost. Strangely still the opposite party was reluctant to hand back the said amount to the complainant. The complainant had ordered the chairs to have been presented them during a house warming ceremony. The complainant sustained monetary loss as well as mental agony. Got aggrieved on this the complainant approached this Forum for compensation and relief.
2. Notice was served, yet the opposite party did not turn up to challenge the complainant case. Resultantly, the opposite party was set exparte.
3. The complainant filed proof affidavit, and the documents Exbts A1 & A2 were marked. As did already observe the opposite party has not appeared or adduced any evidence.
4. Bearing in mind the contentions of the complainant, the questions that come up for consideration are:-
1)Whether the opposite party’s service is deficient?
2) If the complainant is entitled to any relief?
5. We cautiously went through the materials placed on record by the complainant. Exbts A1 and A2 evidently revealed that the opposite party had received an amount of Rs.1000/- (Rupees one thousand only) from the complainant towards the cost of the furniture in advance. However the opposite party did not make it a point to deliver the furniture to the complainant as promised by the opposite party. As a matter of fact, the opposite party after receiving the advance amount from the complainant on tendering tempting assurances, on one pretext or other caused the complainant run from pillar to post to get the said furniture delivered to the complainant. As we have already observed, the opposite parties neither turned up nor let in any evidence to challenge the complainant’s case. In the context of the complainant’s plausible case and in the premise of not disputing the same, we are of the strong view that the complainant is entitled to relief. It goes without saying that the service of the opposite party is deficient. We hold that the opposite parties are liable.
6. In the wake of what have been discussed herein above, the opposite party is directed to give the complainant an amount of Rs.1000/-(rupees one thousand only) the amount opposite party received from the complainant. The opposite party is further directed to pay an amount of Rs.1000/-(rupees one thousand only) as compensation to the complainant. The opposite party shall comply with the order within thirty days of receipt of this order.
The complaint is disposed off accordingly.
Dictated to the Confidential Assistant transcribed by her corrected and pronounced in open Forum on this the 30th day of September, 2015.
Sd/- Sri.Antony Xavier (Member)
Sd/- Smt.Elizabeth George (President)
Sd/- Smt. Jasmine. D. (Member)
Appendix:-
Evidence of the complainant:-
Ext. A1 - Duplicate copy of the bill dated 03.02.15
Ext.A2 - Exhibition Registration Form of Coir Fed
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
