IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 14th Day of August 2019
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Smt.S.Sandhya Rani, BSc,LL.B, Member
CC No.255/18
Justin V.L : Complainant
S/o Laurence
Love Dale House
Padappakkara P.O
Perayam Village, Kollam.
[By Adv.M.P.Sugathan Chittumala]
V/s
- The Licensee Cum Owner : Opposite parties
Badriya Exclusive Furniture
Badriya Tower,
Kottoor, Indianoor P.O
Kottakkal, Malappuram.
- Sri.Shajahan
Managing Director
Badriya Exclusive Furniture
Indianoor P.O
Kottakkal, Malappuram.
DRAFT ORDER
E.M.MUHAMMED IBRAHIM , B.A, LL.M,President
This is a consumer complaint filed under Section 12 of the Consumer Protection Act.
The averments in the complaint in short are as follows:-
The 1st opposite party is a licensee and the 2nd opposite party is the Managing Director of Badariya Exclusive Furniture, Kottakkal, Malappuram district. During the month of October 2017 one Exhibition cum sales has been conducted by the 1st opposite party institution at the Asramam Maithanam, Kollam. On 17.10.17 the complainant came over at the exhibition and booked one box cot, one almirah, one dressing table, one side table, one mattress along with one bed sheet and 2 pillows by agreeing to pay Rs.50,500 and also paid Rs.1000/-
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towards advance. At that time the employees of the 1st opposite party institution made the complainant to believe that the furniture are made up of high quality wood and is having 10 years warranty. The above articles were having beautifully built and having glazing. In view of the above representation made by the employees beauty and glazing of the product the complainant intended to purchase the same and booked by paying advance. In the mean time on 19.10.17 the complainant again came over at the exhibition site and booked another set and the employees of the 1st opposite party written the booking of the 2nd set at the order form and on 05.12.17 the employees of the opposite parties brought the booked items at the residence of the complainant and un loaded the same and also obtained Rs.1,14,000/- and also issued a bill for the said amount. The complainant has purchased those furniture for his newly constructed residence. But within 3 months of the purchase the above furniture started to get damaged due to the attack of insects and fungus . The colour of the wooden articles have also became fade. Certain white creatures were found on the almirah and other furniture and the same became useless. The complainant intimated the fact to the opposite parties. Thereupon they made the complainant to believe that they will replace the furniture but not made any attempt to replace those damaged furniture. Later he came to know that the opposite parties have arranged exhibition cum sale again at Kollam Asramam ground that he rushed to the said ground and expressed his grievances. Thereupon the opposite parties agreed to replace the same on or before 28.10.18. By believing the above representation the complainant returned. But till 28.10.18 the 2nd opposite has not replaced the damaged furniture. Hence at the evening of 28.10.18 the complainant again contacted the 2nd opposite party over phone. Thereupon he told that it is not possible for them to replace the furniture and also directed the complainant to do whatever he can. According to the complainant the above act of the opposite parties is unfair trade practice and there
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is clear deficiency in service and the complainant sustained much mental agony apart from financial loss due to the above act of the opposite parties. Hence the complaint.
Though notice was served on opposite party No.1&2 they remained absent. Hence the forum decided to proceed with the complaint in their absence. Exparte evidence was recorded. Complainant filed affidavit and got marked Ext.A1 and A2 documents and Ext.A3 series photographs. Heard the counsel for the complainant.
The complainant has filed affidavit by re-iterating the averments in the complaint and got marked Ext.A1 series booking form cum bill and Ext.A2 warranty and Ext.A3 series photographs of the damaged furniture. The unchallenged averments in the affidavit coupled with Ext.A1 and A2 documents would establish that the complainant has purchased 2 sets of Kerala cot black, almirah, dressing table, side table and mattress with spring etc. for Rs.1,15,000/- from the opposite parties and out of the above sale proceeds Rs.10,000/- has been paid as advance on 17.10.17. Ext.A2 is the warranty card showing that the articles purchased as per bill No.3215 supplied on 29.10.17 is having 10 years warranty. Ext.A3 series photographs would show that the reverse side of the furniture has been damaged due to insects infectation. It is also clear from the unchallenged averments in the affidavit that the fact that furniture purchased from the opposite party as per Ext.A1 bill has been damaged within a few months from the date of purchase due to insect infection and the opposite party have agreed to replace the same but inspite of repeated request made by the complainant the opposite parties have not replace the damaged furniture. It is crystal clear from the available materials that the wooden furniture purchased as per Ext.A1 booking form cum bill has been damaged and has become useless within a few months of its purchase, though the opposite parties have given Ext.A2 warranty for 10 years. It is also
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brought out in evidence that the colour, beauty and glazing of the furniture has also lost within a few months of its purchase. In the circumstance it is crystal clear that the above furniture have not been manufactured by using better quality wood as promised by the opposite parties. In the circumstance it is crystal clear that there is unfair trade practice. As the opposite parties have not replaced the damaged furniture as agreed there is also deficiency in service on the part of the opposite party No.1&2.
It is also brought out in evidence that as the furniture purchased by paying heavy price shown in Ext.A2 booking form cum bill has became damaged within a few months, though the opposite parties have given warrantee of 10 years. In the circumstance the case of the complainant that he has sustained mental agony apart from monitory loss is believable and acceptable. In the result the complaint stands allowed in the following terms:-
1. Opposite party No.1&2 are directed to replace the wooden furniture purchased kept at the residence of the complainant as per Ext.A1 booking form cum bill and Ext.A2 warranty card.
2. Opposite party No.1&2 are also directed to pay Rs.10,000/- as compensation for the mental agony sustained to the complainant and Rs.2000/- as costs.
3. Opposite parties are directed to comply with the direction No.1&2 after taking back the damaged furniture from the residence of the complainant within 30 days from the date of receiving a copy of this order failing which the complainant is at liberty to recover Rs.1,25000/-(1.15,000+10,000) with interest @ 12% p.a from the date of complaint till realization with costs Rs.2000/- from the opposite party No.1&2 and from their assets by proceeding under Section 25 of the Consumer Protection Act.
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It is made clear that the complainant is at liberty to proceed against the opposite parties under Section 27 of the Consumer Protection Act if the order is not complied with by the opposite parties as directed.
Dictated to the Confidential Assistant Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 14th day of August 2019.
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Documents marked for the complainant:-
Ext.A1 : Order form
Ext.A2 : Warranty card
Ext.A3 series : Photographs
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Forwarded/by Order
Senior Superintendent
