Kerala

Thiruvananthapuram

CC/77/2021

Shajahan A - Complainant(s)

Versus

Sony Furniture Industries - Opp.Party(s)

30 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

CC.NO.77/2021 (Filed on : 15.02.2021)

ORDER DATED : 26.02.2022

 

COMPLAINANT

          Shajahan,A

          S.S.Manzil, Vivekananda Lane VWA-36,

          Vattiyoorkavu.P.O

          Thiruvananthapuram – 695013

          (Party in person)

 

                                                     VS

OPPOSITE PARTY

 

         Sony (The Manager)

         Sony Furniture Industries

         Attingal Road, Venjaramoodu.P.O

         Thiruvananthapuram - 695607

             (Exparte)

ORDER

SRI.P.V.JAYARAJAN                : PRESIDENT

                       1.      This complaint filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

 

                 2.    The case of the complainant in short is that he has placed  orders for supply of wooden articles such as doors and windows. For the said purpose the complainant has paid Rs.75,000/- (Rupees seventy five thousand only) to the bank account of opposite party towards consideration. Subsequently the opposite party supplied materials and on verification by the workers of the complainant, it is found that the materials supplied by the opposite party is not in accordance with the order placed by the complainant. All the wooden articles (materials) supplied by the opposite party to the complainant were of low quality and substandard items. Immediately the complainant contacted the opposite party and at the initial stage he has agreed to refund the amount collected by him as cost of the products and take back the substandard materials from the premises of the complainant. Subsequently he has refused to pay back the amount and offered to replace the materials with new materials. As the complainant lost faith in the transaction with the opposite party, in view of the earlier experience, he has insisted for the payment of the amount remitted to the bank account of opposite party towards consideration of the wooden materials. Alleging deficiency in service and unfair practice on the part of the opposite party the complainant approached this Commission for redressing his grievances.

                    3.      After admitting the complaint, this Commission issued notice to the opposite party. Though the opposite party accepted the notice issued by this Commission, he failed to enter appearance before this Commission on the date fixed for appearance. Subsequently on 06.01.2022 the name of the opposite party was called absent and declared exparte by this Commission.  

                    4.      The evidence in this case consists of PW1and Exts.P1 to P3 series on the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence on the side of the opposite party.

Points to be considered:-

1. Whether there is any deficiency in service and unfair trade practice on the part of opposite parties?
2. Whether the complainant is entitle for the relief claimed
3. Order as to cost?

                    5.      Heard. Perused records, affidavit and documents. To establish the case of the complainant, the complainant sworn an affidavit as PW1 and Exts.P1 to P3 series were marked. Exts.P1 is the copy of counterfoil. Ext.P2 is the copy of CD containing the conversation between complainant and opposite party. Ext.P3 series (6 Nos) is the photographs of the low quality woods. As there is no contra evidence on the side of the opposite party to disprove the case put forward by the complainant against the opposite party, the evidence adduced by the complainant is unchallenged and hence we accept the evidence adduced by the complainant in the absence of any contra evidence from the side of the opposite party. We find that by swearing an affidavit as PW1 and marking the documents as Exts.P1 to P3 series, the complainant has succeeded in establishing his case against the opposite party. As from the evidence available before this Commission we find that there is deficiency in service and unfair practice on the part of the opposite party, by which the complainant has suffered financial loss and mental agony. As there is deficiency in service and unfair practice on the part of the opposite party, the opposite party is liable to compensate the loss suffered by the complainant.

          In the result, the complaint is partly allowed. The opposite party is hereby directed to refund the amount of Rs.75,000/- (Rupees seventy five thousand only) to the complainant along with Rs.25,000/- (Rupees twenty five thousand only) as compensation and Rs.2500/- (Rupees two thousand five hundred only) as cost of this proceedings to the complainant within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realisation / remittance.

         A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

       Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 26^th day of February 2022.

                                                  Sd/-                                                          P.V.JAYARAJAN            : PRESIDENT

 

           Sd/-                                      

PREETHA G NAIR          : MEMBER

 

                                                                                    Sd/-

VIJU.V.R               : MEMBER

 

 

Be/

 

 

 

 

 

 

 

 

 

 

 

CC.77/2021

APPENDIX

Complainant’s witness            - Shajahan

Complainant’s documents      

Ext.P1                            - Copy of counterfoil               

Ext.P2                            - Copy of CD containing the conversation between                           

                                        the complainant and opposite party.

Ext.P3 series                  - Photographs of the low quality works.

Opposite party’s witness                   - NIL

Opposite party’s documents    - NIL

 

Court Exhibits                         - NIL

 

 

                                                                              Sd/-

                                                   P.V.JAYARAJAN          : PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DISTRICT CONSUMER

DISPUTES REDRESSAL

COMMISSION VAZHUTHACADU

THIRUVANANTHAPURAM

CC.NO.77/2021

ORDER DATED : 26.02.2022