Date of Filing: 01.06.2019
Date of Order: 25.01.2021
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION – I, HYDERABAD
P r e s e n t
HON’BLE Shri P.VIJENDER, B.Sc. L.L.B., PRESIDENT
HON’BLE Shri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER
On this the Monday the 25th day, of January, 2021
C.C.No. 249 /2019
Between
- Rajender S/o A. Pullaiah,
Age 59 years, D.No. 8-4-17/196,
Sriram Nagar Colony, Karmanghat,
Hyderabad – 500 079.
….Complainant
And
The Interior Park Furniture Mall,
Rep by it authorized person,
8-2-686/G/2/1-B, Plot No. 1-B,
Road No. 12, Banjara Hills,
Hyderabad.
….Opposite Party
Counsel for the Complainant : PIP
Counsel for the Opposite party No.1 : Mr.N. Bhaskara Rao
O R D E R
(By Shri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER on behalf of the bench)
The above complaint has been filed U/s 12 of the Consumer Protection Act 1986 praying the District Forum to direct the opposite party to pay to the complainant Rs. 1,10,000/- towards the damages suffered by him (i.e,) a amount of Rs. 90,000/- paid towards sale consideration of sofaset in question and Rs. 30,000/- towards mental and physical sufferings on the ground that the opposite party has failed to make the sofaset as per the agreed specifications and delivered the defective sofasets , to the complainant.
2. Brief facts of the case are that the complainant on contacting , furnishing specifications and at his request the opposite party has submitted his Quotation for Rs. 90,000/- along with specifications mentioned therein for making and deliver sofaset with agreed specifications such as with a promise to deliver the same within 15 days from the date of receipt of the sale consideration. Accordingly , the complainant states that he transferred the sale consideration amount , through online , from his son’s account. The opposite party having agreed to make and deliver the ordered sofasets , delivered the same after 19 days from the date of promise. The complainant that on seeing the delivered sofaset , it was made by not complying with the agreed specifications. As a result, the complainant demanded the opposite party to take back the delivered defective sofaset and to refund the amount paid to him i.e, Rs. 90,000/- which the opposite party did not accept. Therefore , the complainant filed the complaint before the Telangana Consumer Information and Redressal Centre , Hyderabad. When the said authority made the parties to sit before it and during the proceedings of counseling , the complaint was found insisting for refund of sale consideration from the opposite parties. While the opposite party did not accept the same rather expressed his willingness to replace the supplied defective sofaset by a new sofaset with the agreed specifications as mentioned in the quotation submitted by it to the complainant, which the complainant did not accept. Based on the rival pleadings of the parties , the Telangana Consumer Information and Redressal Center, Hyderabad advised the complainant to file the compliant before the District Consumer Forum concered for getting his dispute settled properly. As such , the complainant filed the complaint before this complainant before the District Commission Hyderabad, with the prayer as stated supra.
3. The opposite party contested the complaint by filing its written version denying the allegations made in the complaint except purchase of the sofaset for 3 seater along with the recliner as per the specifications given to him on 30.03.2019, the receipt of sale consideration of Rs. 90,000/- through online from the account of complainant son, specifications for the sofaset is 11 feet length 6’ feet 8’’ inches length of longer, with its delivery on 19.04.2019. While delivering the said sofaset , it states that one peace of 2’ inches length was not put by his employees on the delivered sofaset which is stated to be still in his showroom. As such, the complainant was requested to take the same and stated that the sofaset of 9 feet was supplied in respect of 11 feet and also stated that long size 5 feet 10 inches instead of 6 feet 8 inches which is stated to be incorrect of its long size. The delivery of the sofaset with non- standard material and with incorrect specifications is also denied by the opposite party. The approach of the complainant to Telangana Consumer Information and Redressal Center , Hyderabad and his presence of the opposite party on 17.05.2019 is admitted by the opposite party wherein the opposite party agreed to replace the delivered furniture with a new one with agreed specifications but the complainant did not agree for the same and rather insisted for the return of money paid but the opposite party did not agree for the same ; and damages claimed by the complainant sufferings mental and physically resulting including claim for damages for Rs. 1,10,000/-. The opposite party has reiterated the same in his written version that he is still ready to replace the supplied defective furniture with a new defect free one in good condition as it is stated to be delivered from the showroom and to maintain good relation with the customer. In the stated circumstances the opposite party has prayed the District Forum to dismiss the complaint.
4. In the enquiry, the complainant has filed evidence affidavit supported by documents, Ex.A1 to A3. The opposite party got filed his evidence affidavit with no documents. The complainant has filed written arguments as also opposite party has got filed written arguments. The complainant has advanced oral arguments in person in support of this case. The opposite party remained absent and there was no representation on his behalf as such there are no oral arguments on the part of the opposite party.
5. Perused the documents on record and arguments of the complainant taken note of. In order to arrive at just conclusion , the following points have emerged for consideration.
- Whether sofaset supplied by the opposite party suffered from
any defect and was there any deficiency in service on the part of
the opposite parties.? - Whether the complainant is entitled to any relief as prayed for.?
- If so what relief.?
Point No.1:-
5.1 Ex.A1 is “ quotation “ submitted by the opposite party to the complainant for making the sofaset with agreed specifications for Rs. 90,000/-. Ex.A2 is the payment receipt which evidences transfer of payment of Rs.90,000/- from complainant sons account to the opposite party. Ex.A3 is the proceedings of counseling conducted by the Telangana Consumer Information and Redressal Center Hyderabad held between the parties on the subject matter. In its findings it has been recorded that the opposite party has agreed to replace the defective sofaset in question with a new one with agreed specifications but did not agree to refund the received amount towards sale consideration of the sofaset in question. Even in the written version , the opposite party has stated that one peace of 2 inches length was not put by his men to the sofaset while transportation and delivering the sofaset to the complainants.
In view of our above findings , we come to the conclusion that the opposite party has failed to make as per agreed specifications and delivered the defective sofaset to the complainant. Despite supplying defective sofaset, asking the complainant to come and collect the missed part of the sofaset which is stated to be available in showroom is a clearly deficiency of service on its part.
5.2. In view of our above discussion we hold that the opposite party is held liable for making defective sofaset and delivering the same to the complainant as such the complainant is entitled to reliefs as mentioned in Point No.3.
Point No.3
In the result the complaint is partly allowed by directing the opposite party ;
i) to replace the delivered defective sofaset with a new defect free sofaset with agreed specifications and deliver the same to the complainant in good condition,
ii) to pay to the complainant Rs. 10,000/- towards compensation for mental agony and physical sufferings ; and
iii) Rs. 5,000/- towards costs of the litigation.
Time for compliance 45 days from the date of service of this order otherwise the above awarded compensation shall attract interest @ 12% p.a. till actual realization.
Dictated to steno, transcribed and typed by him, pronounced by us on this the 25th day of January, 2021.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 - Copy of Quotation Form dt. 30.03.2019.
Ex.A2 – Copy of Online payment counterfoil dt. 30.03.2019
Ex.A3 – Copy of Proceedings of Telangana Consumer Information and
Redressal Centre dt. 17.05.2019 Erramanzil at Hyderabad.
Exhibits filed on behalf of the Opposite party :
Nil
MEMBER PRESIDENT
