IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

                                                                   Thursday the 19^th day of March, 2020.

                                                                                     Filed on 13-12-2019

  Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Sholy P.R, B.A.L,LLB (Member)

In

CC/No.335/2019

   between

  Complainant:-                                                         Opposite party:-

Sri.Abhilash P.R                                                     The Proprietor

S/o Raghuvaran                                                       Badriya Exclusive Furniture

Pollayil House                                                         Badriya Tower, Kottoor

Pathirappally P.O.                                                   Kottackal, Indianoor P.O.

Alappuzha                                                               Malappuram- 676503

(By Adv.P.S.Anaghan)

O R D E R

SRI. S.SANTHOSH KUMAR (PRESIDENT)

Complaint filed under Sec.12 of the Consumer Protection Act, 1986.

Complainant’s case in brief is as follows:-

The opposite party is engaged in the business of furniture and he had a stall at the exhibition conducted during the month of October 2018 at Bhatathiri Purayidam at Alappuzha.  The opposite party made the complainant believe that the wardrobe was made of high quality materials and they offered 20 years warranty for their product.   Believing the words on 04.10.2018 complainant booked a wardrobe worth Rs.27500/- by paying an amount of Rs.1000/- as advance.  The opposite party delivered the wardrobe on 13.01.2019 at the residence of the complainant and received the balance of Rs.26,500/-.  It was noticed that the wardrobe was not of good quality.  The complainant contacted the opposite party and the opposite party did not take any action to take back the product and refund the amount received from the complainant.

2.       The opposite party is liable to return the price of the wardrobe.  A lawyers notice was issued and though it was accepted by the opposite party no reply was sent.  The act committed by the opposite party is unfair trade practice and complainant is entitled to get price of the wardrobe from the opposite party.

3.       Notice along with complaint was forwarded to the opposite party.  Though notice was served opposite party remained ex-parte.   

4.       Points for determination are:-

1. Whether the complainant is entitled to get the price of the defective wardrobe along with interest as paid for?
2. Whether the complainant is entitled to get compensation of Rs.2000/- towards the damage?
3. Reliefs and costs?

5. Point No.1& 2

Complainant filed an affidavit and marked Ext.A1 to Ext.A4.

The case of the complainant is that the opposite party had a stall at the exhibition conducted at Alappuzha during the month of October 2018.  He booked a wardrobe on 04.10.2018 worth Rs.27500/- by paying an advance of Rs.1000/-.  On 13.1.2019 the wardrobe was delivered at the residence of the complainant and the balance Rs.26500/- was collected.  The wardrobe was defective.  Though notice was issued informing the defect there was no action from the opposite party and hence the complaint was filed for realizing the value of wardrobe along with interest and cost.  Notice along with complaint was forwarded to the opposite party.  Though it was accepted opposite party remained ex-parte.  Ext.A1 is the bill amounting Rs.27,500/-  issued by the opposite party to the complainant.  Ext.A2 is a copy of notice issued to the opposite party through lawyer on 25.10.2019 informing the matter and demanding the price of wardrobe.  Ext.A3 is the receipt by which notice was sent and Ext.A4 is the AD card by which the notice was accepted by the opposite party.  From the affidavit and Ext.A1 to Ext.A4 documents the claim of the complainant stands proved, and so the complaint is only to be allowed.  These points are found in favour of the complainant.

6. Point No.3

          In the result complaint is allowed.

1.  Opposite party is directed to return Rs.27,500/- covered by Ext.A1 bill to the complainant along with interest at the rate of 9% per annum from the date of complaint till payment. On getting the amount the defective wardrobe will be returned to the opposite party.  
2.  Opposite party is directed to pay an amount of Rs.2000/- as compensation to the complainant.
3.  Opposite party is directed to pay an amount of Rs.1000/- as cost.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 19^th day of March, 2020.

 Sd/-Sri.S.Santhosh Kumar (President)

 Sd/-Smt. Sholy P.R (Member) :

Appendix:-

Evidence of the complainant:-

Ext.A1                -        Bill

Ext.A2                -        Copy of notice

Ext.A3                -        Postal Receipt 

Ext.A4                -        AD Card

Evidence of the opposite parties:- Nil

// True Copy //

To

          Complainant/Oppo. party/S.F.

                                                                                         By Order

                                                                                    Senior Superintendent

Typed by:- Sa/-

Compared by:-