Chandigarh

DF-I

CC/942/2022

Vibha Sinha - Complainant(s)

Versus

Saraf Furniture - Opp.Party(s)

In Person

10 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/942/2022
Date of Institution	:	24/11/2022
Date of Decision	:	10/05/2023

 

Vibha Sinha wife of Sh.Ashutosh Kumar aged 59 years, R/o H.No.F-408, R1 Block, DLF Hyde Park, Mullanpur, New Chandigarh, Mohali, Punjab-140901.

… Complainant

V E R S U S

Saraf Furniture, Kalyanpura Road, Sardar Shahar, Churu, Rajasthan, 331403, through its Proprietor/Director/ Authorized Signatory.

… Opposite Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	OP ex-parte.

 

Per Surjeet kaur, Member

1.      Averments are that the complainant placed online order with the OP for purchase of solid wood essential bed with front open dual storage queen/trolley in front and top opening from back/honey SCES-550-Q-H on making payment of Rs.35,999.10/-(Ex.C-1). The furniture were delivered to the house of the complainant on 21.02.2022. All the furniture was received in a dismantled condition as such the representative of the OP fitted/installed the same at the house of the complainant. An amount of Rs.700/- was charged from the complainant for installation of the furniture by the OP. On the very first day on receipt and installation of the furniture, it was found that the front trolley drawer was not closing and getting stuck its top opening was not joined with the hinge and was getting stuck and also the bed provided was defective. Thereafter, the complainant sent email dated 23.02.2022 to the OP wherein she brought all the defects to above in their notice and requested them to redress her grievance (Ex.C-2). When nothing was done in the matter, the complainant sent reminder email dated 25.02.2022 to the OP (Ex.C-4). Ultimately, on 11.03.2022, one technician of the OP visited the house of the complainant and after inspecting the defective furniture, vanished thereafter and never came back with the solution. Thereafter, number of requests of emails were exchange between the parties, for the period from 22.03.2022 to 21.06.2022, yet the grievance of the complainant was not redressed by the OP (Ex.C-11). Hence, is the present consumer complaint.  
2.     Notice of the complaint was sent to OP seeking its version of the case. However, nobody appeared on behalf of OP despite following proper procedure, therefore it was proceeded ex-parte on 05.01.2023.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the complainant in person and gone through the record of the case.
5.     It is evident from Annexure C-1, that the complainant had ordered one solid wood essential bed with front open dual storage queen/trolley in front and top opening from back/honey SCES-550-Q-H for Rs.35,999/- on 14.12.2022. Accordingly, the payment of Rs.35,999/- was made. Thereafter, the furniture in question was delivered to the complainant on 21.02.2022. But the problem in the product was noticed by the complainant within one week after using the same and therefore, complaint was raised with OP on 23.02.2022 through email annexure C-2. Annexure C-3 page No.19 of the paper book is the response of the OP apologizing for the inconvenience and promised the repair as soon as possible. At page No.25 as per Annexure C-7, email dated 12.03.2022, the technician of the OP visited the premises of the complainant on 12.03.2022 but nothing positive has been done to redress grievance of the complainant till today. When nobody came forward from the OP for the necessary repairs then the complainant requested number of times for the refund of the amount spent. In the reply to the same email vide Annexure C-9 page 29 of the paper book the OP promised the complainant that refund will be made after the reverse pick up, but no such steps taken by OP.
6.     Significantly, 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.     We are of the considered opinion, that it was for the OP to provide defect free brand new product to the complainant, thereafter providing after sale services but in the present case the inconvenience was disclosed to the OP in the very first week of the purchase but till date despite promise of refund vide Annexure C-9, page No.28 of the paper book no outcome is there. Even the OP did not bother to appear during the proceedings of the present case in our Commission. Hence, the act of OPs for selling a substandard product to the complainant, non-providing proper after sale services and finally non-appearing during the proceedings of the present case proves deficiency in services on its part and their indulgence in unfair trade practice.
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 amount of ₹35,999/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization. The complainant shall, however, return the product in question to the OP.
2. to pay an amount of ₹3000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹2000/- 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/-
10/05/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member