Date of Filing:21/11/2021 Date of Order:08/03/2022 BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SHANTHINAGAR BANGALORE - 27. Dated:08th DAY OF MARCH 2022 PRESENT SRI.H.R. SRINIVAS, B.Sc., LL.B. Retd. Prl. District & Sessions Judge And PRESIDENT SMT.SHARAVATHI S.M., B.A., LL.B., MEMBER COMPLAINT NO.450/2021 COMPLAINANT : | | Sri SUNIL KUMAR.M 7, 1414 A & B, 201 Kruthika Residency, 1st Main Old 8th Main, BSK 1st Stage, 2nd Block, Bangalore 560 050, Karnataka Mob: 9448832736 Mail: | |
Vs OPPOSITE PARTY: | | SARAF FURNITURE Riico Industrial Area Kalyanpura road, Sardarshahr 331403 Rajashthan, India Mob: 63641 44197 Mail: | |
|
ORDER
SRI.H.R. SRINIVAS. PRESIDENT
1. This is the Complaint filed by the Complainant against the Opposite Party (herein referred to as OP) under section 35 of the Consumer Protection Act 2019 for the deficiency in service in not supplying the king size bed with storage of walnut colour and for refund of the amount paid i.e Rs.46,999/- and for such other reliefs as the Hon’ble District Commission deems fit.
2. The brief facts of the complaint are that; complainant has filed the copy of the complaint sent over online application portal which mentions that he had placed order with OP for a solid wood poster bed of king size 6.5 feet long top opening storage walnut colour customized. OP agreed to deliver the same in the month of May 2021 for which he paid Rs.10,000/- as advance and after paying the entire amount and many follow-ups delivered the cot on 30.07.2021 which had too many damages scratches and parts missing the same was informed to OP and still the same was not rectified and did not replace the same with new one nor the amount refunded. Hence there is deficiency in service and prayed the forum to allow the complaint ordering the OP either to replace the same with a new or to refund the amount.
3. Notice sent to OP returned duly served. Since OP remained absent placed exparte.
4. Complainant reiterated the facts of the complaint in the affidavit filed, in lieu of his evidence and has also got five(5) documents marked. Arguments heard. The following points arise for our consideration:-
1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?
2) Whether the complainant is entitled to the relief prayed for in the complaint?
5. Our answers to the above points are:-
POINT NO.1 : IN THE AFFIRMATIVE.
POINT NO.2 : PARTLY IN THE AFFIRMATIVE.
For the following.
REASONS
POINT No.1 & 2:-
6. On perusing the complaint, documents, evidence filed by the complainant, it becomes clear that, complainant paid Rs.46,999/- in order to purchase Sheesham wood romeo poster bed king size with top box storage walnut finish and three inches extract plank on foot board for seating in Sheesham wood top plywood in two parts with handle for storage. In the email correspondences OP has clearly admitted some parts were missing when the cot was dispatched and the same would be supplied.
7. Inspite of the same, till filing of the affidavit evidence OP has not replaced the same. Even it has not refunded the amount paid for the purchase of the said cot. When all these correspondences, the circumstances are taken into consideration there is deficiency on the part of OP. Hence we answer POINT NO.1 IN THE AFFIRMATIVE and in the result OP is directed to refund a sum of Rs.46,999/- along with interest at 12% per annum from 06.08.2021 the day on which it delivered the defective product till the date of payment of entire amount and further made the complainant to file this complaint by spending time, money and energy for which OP is directed to pay Rs.5,000/- towards damages and Rs.5,000/- towards litigation expenses. Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:
ORDER
- The complaint is partly allowed with cost.
- OP i.e. SARAF FURNITURE represented by its authorized signatory is hereby directed to refund a sum of Rs.46,999/- to the complainant along with interest at 12% per annum from 06.08.2021 the day on which it delivered the defective product till the date of payment of entire amount.
- Further OP is also directed to pay Rs,5,000/- towards damages and Rs.5,000/- towards cost of the litigation expenses to the complainant.
- OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
- Send a copy of this order to both parties free of cost.
Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.
(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 08th day of March 2022)
MEMBER PRESIDENT
ANNEXURES
- Witness examined on behalf of the Complainant/s by way of affidavit:
CW-1 | Sri Sunil Kumar M – Complainant |
Copies of Documents produced on behalf of Complainant/s:
Ex P1: Copy of the payment confirmation for having paid Rs10,000/-.
Ex P2: Copy of the whatsapp message.
Ex. P3: Copy of the email correspondences.
Ex P4: Postal acknowledgment card.
Ex P5: Copy of the invoice in respect of paying Rs.46,999/-.
2. Witness examined on behalf of the Opposite party/s by way of affidavit:
RW-1: - Nil -
Copies of Documents produced on behalf of Opposite Party/s
- Nil -
MEMBER PRESIDENT
RAK*
