Kerala

Kollam

CC/08/158

Smt. Boby, W/o. Sunil, Merrylea, Jawahar Nagar -14 8A, Pattathanam, Kollam - Complainant(s)

Versus

Shaji, Proprietor, Hi-Tech Furnitures - Opp.Party(s)

Kallada M.Balachandran

27 Feb 2009

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/08/158

Smt. Boby, W/o. Sunil, Merrylea, Jawahar Nagar -14 8A, Pattathanam, Kollam
...........Appellant(s)

Vs.

Shaji, Proprietor, Hi-Tech Furnitures
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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SRI.R. VIJAYAKUMAR, MEMBER.

 

            The complaint is filed for the return of advance amount Rs.20,000/- along with 12% interest compensation Rs.10,000/- and cost Rs.5,000/-

 

          The averments in the complaint can be briefly summarized as follows:

 

          The complainant and opp.party  get into an agreement for the supply of teakwood furniture for furnishing complainant isnewly  built  building.  One of the conditions of purchasing the furniture was that before polishing the furniture the opp.party would convince the complainant that the furniture are made using first quality teak wood.   The complainant has given  order for furniture amounting Rs.1,05,000/-.    An amount of Rs.20,000/- was paid in advance.   The opp.party agreed to supply the furniture on  or before 17.10.2007.  Opp.party neither convinced that the furniture made of Good quality teakwood nor supplied within the stipulated time.   Opp.party delayed for 2 months.   Then due to the compulsion of complainant in December 2007 opp.party permitted the complainant to visit his workshop at Chathannoor for verifying the furniture.   The furniture were in a completely polished condition.  It was found that wood used for furniture was low in quality and above the furnitures teak powder was coated.   Complainant was not ready to accept the furniture and demanded the return of advance amount. Complainant repeated the demand on several occasions but the opp.party has not cared to comply.   The complainant suffered mental agony and  financial loss.   The act of opp.party amounts to unfair trade practice and deficiency in service.   Hence the complaint.

 

          Eventhough sufficient opportunities were given the opp.party has not cared to appear or adduce evidence before the Forum.  The complainant filed affidavit.   The complainant was examined as PW.1 Ext.  P! and P2 were marked.  

 

          The points that would arise for consideration are:

1.     Whether there is any deficiency in service on the part of the opp.party

2.       Relief and costs.

 

As the opp.party has not adduced any  evidence , we are constrained to delay upon the evidence adduced by the complainant.   We have perused the complaint, affidavit and exhibits.  Ext.P1 and P2 receipts shows that Rs.20,000/- was  received by the opp.party is advance.  The delivery date specified in  receipts in 17.10.2007.  On perusal of the documents we find that there is unfair trade practice and deficiency in service on the part of the opp.party.  The points found accordingly

 

     In the result, the complaint is allowed.   The opp.party is directed to pay back Rs.20,000/- to the complainant along with an interest at the rate of 12% from 18.10.2007 till the  date of payment.   The opp.party is also directed to pay Rs5,000/- only as compensation and Rs.1000/- [one thousand only]as cost.  The order is to be complied with within one month  from the date of receipt of this order.

 

     Dated this the  27th        day of February, 2009.

 

                                                                            .

I N D E X

List of witnesses for the complainant

PW.1. – Boby Sunil

List of documents for the complainant

P1. – Receipt dated 3.1.2007

P2. – Receipts dated 6.10.2007