Chandigarh

DF-I

CC/494/2021

Dr. Gurpreet Singh Bhatia - Complainant(s)

Versus

Saraf Furniture - Opp.Party(s)

Manvinder Singh Sidhu

12 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/494/2021
Date of Institution	:	28/07/2021
Date of Decision	:	12/07/2022

 

Dr. Gurpreet Singh Bhatia, aged about 50 years of son of Sh. Gurcharan Singh, resident of House No.251, Sector
37-D, Chandigarh.

… Complainant

V E R S U S

Saraf Furniture through its CEO, Mr. Raghunandan Saraf, Sattu Colony, RIICO, Sardarshahr, Rajasthan-331403.

… Opposite Party

CORAM :	MRS. SURJEET KAUR	PRESIDING MEMBER
	SHRI B.M. SHARMA	MEMBER

                                               

ARGUED BY	:	None for complainant
	:	OP ex-parte

 

Per Surjeet Kaur, Presiding Member

1.      The facts in brief are that the complainant was in need of a coffee table.  Accordingly, after looking at the designs available on the site of OP, he selected one coffee table for purchase having price of ₹19,799.10.  Complainant made full payment on 13.12.2020 through net banking and the order was confirmed by the OP through email. The OP committed to deliver the product within a few days.  However, when the product was not delivered even after 15 days, complainant sent email dated 15.2.2021 to the OP.  OP again promised to deliver the product within 15 days, but, failed to do so.  Alleged, despite exchange of various emails OP neither delivered the product nor refunded the price thereof. The complainant also sent legal notice dated 2.6.2021 to the OP, but, to no avail.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, complainant filed the instant consumer complaint.
2.     Registered notice was sent to the OP which was presumed to have been served. Since none appeared on behalf of the OP, therefore, vide order dated 27.01.2022 of this Commission, it was proceeded against ex-parte.
3.     Complainant led evidence by way of affidavit and documents.
4.     We have gone through the record of the case.
5.     It is evident from Annexure C-1, copy of order confirmation dated 13.12.2020 that the complainant ordered a coffee table (as described in the order) and paid the total amount of ₹19,799.10 for the same. The said product was to be shipped within 15 days.  Thereafter despite various follow-ups through emails (Annexure C-2, C-3, C-5 and C-7), between the complainant and the OP, the OP kept on extending the date of delivery of the product in question for one reason or the other. On 3.4.2021 the OP sent email to the complainant stating that if it fails to deliver the product within 7 days, it will process refund of the amount received from the complainant.  However, till date, despite service of legal notice dated 01.06.2021 and proceedings of the present consumer complaint, neither product has been delivered to the complainant nor refund of the amount has been made to him by the OP. 
6.     It is worth noting that the OP did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.     Perusal of the record shows OP had confirmed the order of the complainant on 13.12.2020 and had received the consideration for the same.  That being so, either OP should have delivered the product to the complainant within the promised time or refunded the amount within some reasonable time.  But, despite lapse of more than 1½ years, OP failed to do so. Hence, the aforesaid acts of the OP and further non-appearing during the proceedings of the present case, amounts to gross deficiency in service and unfair trade practice on its part. 
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. to refund the amount of ₹19,799.10 to the complainant alongwith interest @9% per annum from the date of booking i.e. 13.12.2020 till realization.
2. to pay an amount of ₹3,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹3,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
12/07/2022	[B.M. Sharma]	[Surjeet Kaur]
hg	Member	Presiding Member