Case of the complainant, in brief, is that the complainant paid Rs. 10,000/- on 18.03.2019 as booking amount out of total consideration of Rs. 22,000/- of a wall cabinet including installation charge to the OP-Art Home interior and after receiving the said amount OP issued money receipt in favour of the complainant. It is stated in the petition of complaint that OP delivered the wall cabinet on 4th April, 2019 and the colour of the said cabinet was not as per the order placed before the OP. Hence, the complainant opposed to install the same and requested the OP to replace the wall cabinet as per booking order but OP did nothing to that effect. Thereafter on several occasions the complainant request the OP to replace the wall cabinet or to refund the paid amount of Rs. 10,000/- but OP did not turn up. Hence the complainant files this case praying for direction upon the OP to refund Rs. 10,000/- along with compensation and litigation cost,.
Notice was served upon the OP, inspite of that none appeared on behalf of the OP. Hence the case was fixed for ex parte against the OP vide order no.4 dated 02.03.2022.
Complainant adduced evidence on affidavit.
Decision with reasons
In order to prove her case the complainant Smt. Manjusha Das files money receipt from where it appears that she paid Rs. 10,000/- towards booking amount of a wall cabinet to the OP.
Complainant claimed that she booked the lamination shed no. 14533 HGL RH. It further appears from the booking receipt where the shed was written as 14533 HGL RH which supports the contention of the complainant.
Since nothing has found in contrary to the claim of the complainant, we think, it will be just and proper if a direction upon the OP is given as to taking back the goods in question by refunding the amount of Rs. 10,000/- advanced by the complainant. Further inaction on the part of the OP compelled the complainant to file the instant case. The OP, therefore, is liable to pay the cost of litigation which, in our view, is Rs. 2,000/-.
In the result the complaint case succeeds.
Hence it is ordered that the complaint case being no.84/2019 is allowed ex parte with cost against OP.
OP is directed to refund Rs. 10,000/- to the complainant after taking back the wall cabinet from the complainant within 45 days from this date of order. OP is further directed to pay Rs. 2,000/- as cost of litigation to the complainant within 45 days from this date of order failing which entire amount shall carry interest @12% p.a. till realization.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and Corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
