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1. The brief history of the case of the complainant is that on going through advertisement of the OP through TV channels, he opted to purchase an “Air Lounge Inflatable Wedge Cushion” and booked the same over phone. It is submitted that the OP agreed to supply the materials through Posts as cash on delivery and the complainant received the consignment vide Invoice No.V000295506 dt.23.12.2015 and Order No.M2097132 for Rs.6817/- and the complainant paid the amount to the authorized person of the concerned Post Office. It is further submitted that as per instructions of the OP, the complainant make fit the air lounge for use on the date of receipt but on the next day morning, he found that there was no air in the lounge. The complainant again filled air in the lounge but after an hour there was no air in the lounge due to leakage in the material and the complainant also found some scratch marks at the folding portion of the material. The complainant submitted that he intimated the said fact to the OP over phone and was assured to wait a week to receive a new one but no action by OP. On further contact, the OP advised the complainant to send back the lounge and the courier charges are to be borne by the complainant. Being disagreed the complainant wanted return of money but the OP is not paying any heed to the grievance of the complainant. Thus alleging defects in goods and deficiency in service on the part of the OP, he filed this case praying the Forum to direct the OP to refund Rs.6817/- towards cost of the material with interest @ 18% p.a. and to pay Rs.13, 000/- towards compensation and costs to the complainant.
2. The OP on being served neither filed counter nor participated in the proceeding in any manner and hence remained ex- parte. The complainant has filed certain documents in support of his case. Heard from the complainant and perused the materials on record.
3. In this case the complainant stated that on going through advertisement of the OP regarding air lounge, he booked the same with the OP and the OP had sent the material through posts and the complainant received the lounge on payment of cost. The complainant in support of his above contentions has filed copy of Cash Memo and Parcel details of the article issued by the OP. Hence the purchases of air lounge by the complainant from OP on payment of Rs.6817/- is proved.
4. The case of the complainant is that he filled air in the lounge on the date of receipt of the same but on the next day morning; he found no air in the lounge. He again filled air and found after one hour that no air was there in the lounge. He intimated the fact to OP over phone who assured to send a new one but did not act as per its promise. On further contact the OP agreed to take back the lounge but did not agree to pay the courier charges. When the complainant requested the OP to refund his money, the OP remained silent.
5. In absence of counter and participation of OP in the proceeding, the above allegations and contentions of the complainant remained unchallenged. Further the documents filed by the complainant clearly reveal that the complainant has paid Rs.6817/- towards cost of the material vide Invoice No.V000295506 dt.23.12.2015. Non reply to the allegations of the complainant by the OP clearly shows that the OP has nothing to say to the allegations of the complainant. In view of above facts and circumstances, we hold that the OP had supplied a defective air lounge for which the complainant is suffering in spite of payment. Therefore, the complainant is entitled to get back Rs.6817/- towards cost of air lounge with interest @ 12% p.a. from 23.12.2015. Further due to supply of defective material, 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 favors of the complainant will meet the ends of justice.
6. Hence ordered that the complaint petition is allowed in part and the OP is directed to refund Rs.6817/- towards cost of air lounge with interest @ 12% p.a. from 23.12.15 and take back the lounge from the complainant on his own arrangements and also to pay Rs.2000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.
(to dict.)
