BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 23^rd DAY OF FEBRUARY 2024

ORDER

SMT. SUMA ANILKUMAR, MEMBER

The complaint filed U/S 35 of Consumer Protection Act 2019, complainant seeking direction towards OP for the following reliefs:-

i) It is respectfully prayed that this Hon’ble Forum/Commission may kindly be pleased to provide me the relief by OP to refund Rs.1,30,000/-

2. Brief facts of this case are as follows:-

The complainant approached OP multiple times to get issues corrected, after repeated reminders the OP serviced, rectified the table and returned the table but during the services the policy of the surface of the table is been removed and the OP as delivered and mat finished table without policy. As a result the beauty of the table is destroyed and the table top is easily observing any liquid falling on it and developing stains and water marks which is making the complainant unable to use the table and also making it look dirty and shabby. The complainant raised the complaint on 24.04.2023 regarding the same but the complainant was informed over phone that they will replace the table top but later denied delivering that there was no stock available. Hence the complainant issued legal notice to OP but which there was no replace from OP. Hence this complaint by the complainant.

3. On issue of notice to OP, OP fail to appear before this commission, hence placed Ex-parte. The complainant filed affidavit evidence along with 5 documents which are marked as Ex.P.1 to Ex.P.5. Heard the complainant.

4. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves the deficiency of service on the part of OPs?

ii) Whether complainant is entitled for the relief?

3. What order?

5.  Our answers to the above points are as follows:-

Point No.1:- Affirmative.

Point No.2:- Partly Affirmative.

Point No.3:- As per the final order.

                      REASONS

6. Point No.1&2:- These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

7. On perusal of the documents submitted by the complainant, the Ex.P.1 is an invoice of Rs.1,18,800/- made by the complainant from OP dated 02.08.2022. On perusal of the Ex.P.3 submitted by the complainant which is the E-mail conversations between he complainant and OP, we see that the complainant repeatedly has sent complaint about the previous service made by the OP in the mails requesting for the re-polish or replace of the table top as after the previous service the table top polish is washed off, by which the marble top is observing any material falling on it and holding stains on the table which is not able to be removed. On the repeated complaint of replace or service of the said table by the complainant, the OP has repeatedly replied through mails that “they have checked with the service team and replacement or services is not possible by OP, on the said product and it cannot be rectified”. This shows the deficiency in service by OP and also Unfair Trade Practice as the OP on the repeated request and complaints on the previous service done by OP, still not responding to the complainant’s complaint and has shown negligence. Therefore the OP held liable to replace the table top or re-service the table top, pay compensation of Rs.10,000/- and Rs.5,000/- towards litigation charges. Hence we answer Point No.1 and 2 in affirmative and partly affirmative respectively.

8. Point No.3:- In view of the discussion referred above, we proceed to pass the following:-

                                   ORDER

1. Complaint filed by the complainant U/S 35 of Consumer Protection Act, is hereby allowed in part.
2. OP is held liable to replace or re-service the table top within 30 days from the date of order.
3. OP is liable to pay Rs.10,000/- towards compensation and Rs.5,000/- towards cost of litigation within 30 days from the date of order, failing which, shall pay interest at the rate of 10% p.a. on the Award amount from the date of order till realization.
4. Furnish the copies of the order and return the extra copies of pleadings and documents to the parties, with no cost.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 23^rdday of JANUARY, 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL