O R D E R<br /> <br /> <br /> SRI. D.KRISHNAPPA., PRESIDENT., <br /> <br /> <br /> Brief facts of the complaint filed by the complainant against the OP are that he had purchased a Sofa set from OP on 9-6-2010 for Rs.25,000/-. On 26/8/2010 he had paid an advance of Rs.5,000/- and balance amount of Rs.20,000/- was paid in cash on 9/6/2010. Sofa set was delivered to his house and he noticed that finishing of the three seater Sofa Set was not correct, was not seated properly and correct, one of the seats in the three seater Sofa set was not properly stitched. The legs fixed in the two single seat Sofa are not in uniform. He brought it to the notice of the OP many times and sent a letter on 1/7/2010 to rectify the defects but he did not respond. Then he finally sent a registered notice which is served on the Manager of the OP on 7/7/2010, but the OP has not responded. Therefore the complainant has prayed for a directed to Op to refund of Rs.25,000/- towards cost of the Sofa and also to award damages of Rs.5,000/-.<br /> <br /> OP is served with notice of this complaint has remained absent is set ex-parte. <br /> <br /> In the course of enquiry into the complaint, the complainant has filed his affidavit evidence reproducing what he has stated in the complaint. The complainant along with the complaint has produced a copy of the invoice, copies of two letters addressed to OP. We have heard the complainant who is in person and perused the records.<br /> <br /> On perusal of the complainant allegation, affidavit evidence and copies of invoice, we find that complainant on 9/6/2010 had purchased a Sofa set worth Rs.25,000/- from the OP and the Sofa set was delivered to the complainant on the same day. Therefore the complainant as a consumer purchased the product of the OP for consideration.<br /> <br /> The complainant has complained that Sofa set supplied by the OP was defective in many respect and elaborated that three seater Sofa set was not having proper alignment, stitching was not done properly, legs were not uniform and they contained intrinsic defects. The complainant has produced a copy of the letter dated 1/7/2010 through which he brought to the notice of the OP of these defects in the Sofa set and called upon the OP to rectify the defects and again addressed another letter in that regard to the OP on 6/7/2010. He has also produced a copy of postal acknowledgement. In those letters having had been served on the OP and stated that the OP never responded. With these facts it is found that the complainant who took delivery of the Sofa set on 9/6/2010 informed the OP on 1/7/2010 within few days about the defects, but his agony in having had received such defective Sofa set was not attended and the OP shown silence after receipt of the money. The OP has not responded to the notice of the Forum also which proves that the OP after supply of defective product exhibited silence and is not responding to set right the deficiency in the service he has rendered, as such the complaint deserves to be allowed. Therefore we pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaint is allowed. OP is ordered to refund Rs.25,000/- to the complainant within 45 days from the date of the receipt of this order, failing which he shall pay interest @ 9% p.a. on that amount from the date of this order till the date of payment. <br /> <br /> On the OP refunding the above amount the complainant shall return the Sofa set.<br /> <br /> The OP shall also pay the cost of Rs.5,000/- to the complainant.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 08th October 2010.<br /> <br /> <br /> <br /> MEMBER PRESIDENT<br />