1.                     The brief history of the case of the complainant is that he placed order with OP for purchase of one Steel Almirah measuring 5’.6” height. 3 feet width and 1.5 feet length of 18 gauge thick steel for an amount of Rs.7500/- and the OP supplied the Almirah on 22.8.2014 without maintaining the gauge.  It is submitted that the defect was brought to the notice of the OP and accordingly the alleged Almirah was returned to the OP who assured to supply a new Almirah with 18 gauges within 25.10.14 but on repeated approach the OP failed to supply the Almirah.  The complainant also sent Regd. Notice to OP on 8.12.14 requesting early supply of Almirah or refund of its cost but all his efforts went in vain.  Thus alleging unfair trade practice on the part of the OP, he filed this case praying the Forum to direct the OP to supply the Almirah with correct specification and to pay Rs.13, 000/- towards compensation and costs to the complainant.

2.                     The OP though entered his appearance through his A/R, failed to file counter in spite of several opportunities but the A/R for the OP participated in the hearing.  Heard from the complainant and A/R for the OP and perused the materials available on record.

3.                     In this case the complainant stated that he ordered for an Almirah with OP of 5’.6” height and 18 gauge thick for Rs.7500/-.  The complainant has filed Money Receipt of OP vide No.69 dt.22.8.14. In the said M.R., the OP has also mentioned the specification of Almirah which is 5’.6” height of 18 gauges.  Hence purchase of Almirah for Rs.7500/- is proved.  The A/R for the OP has also not objected the M. R. granted by OP.

4.                     The complainant submitted that5.                     In absence of counter the allegations of the complainant remained unchallenged.  At the time of hearing the A/R for the OP also could not negate the allegation along with documents of the complainant properly.  In this case allegation of the complainant duly supported by documents clearly prove that the OP has supplied the Almirah which was not as per correct specification and after taking back the Almirah, the OP has also not supplied a new one of correct specification for which the consideration has been paid on 22.8.14.  The registered notice of the complainant also did not yield any result.  Hence the OP has adopted unfair trade practice by not supplying the Almirah as per order given by the complainant till the date of filing of this case and as such the complainant is entitled for return of Rs.7500/- with interest @ 12% p.a. from 22.8.14.  For such unfairness of OP, the complainant must have suffered some mental agony and has filed this case incurring some expenditure for which he is entitled for some compensation and costs.  Considering the sufferings of the complainant we feel, a sum of Rs.2000/- towards compensation and costs in favour of the complainant will be just and proper.

6.                     Hence ordered that the complainant petition is allowed in part and the OP is directed to refund Rs.7500/- with interest @ 12% p.a. from 22.8.2014 and to pay Rs.2000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.

(to dict.)