BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah , B.Com B.L., President

And

Sri. M.Krishna  Reddy , M.Sc., M.Phil., Male Member

Thursday the 02^nd day of September, 2010

C.C.No 133/10

Between:

Smt. S.A.Indumathi, W/o A. Rajendra Prasad, Advocate,

64-160, S.Nagappa Street, Kurnool.                                      

     …..…Complainant

-Vs-

The Proprietor, Iqbal Furnitures,

Opp. Bhupal Complex, Park Road, Kurnool.                                    

          ….…Opposite  Party

 This complaint is coming on this day in the presence  of  Sri. M. Sivaji Rao , Advocate, for  complainant , and  opposite party called absent and upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C. No.133/10

1.     This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OPs

(a)    to replace the inferior quality set with a new good quality set

or return the cost of the set Rs.9,300/- with interest @ 24% p.a

 (b)   to pay a sum of Rs.10,000/- towards compensation  for causing mental agony and hardship ,  

( c)   to pay the costs of the complaint.  

(d)    to pass any other order or order that are deem to be fit and proper in the circumstances of the case.  

1. The case  of  the  complainant  in  brief  is as follows:-        On 24-02-2010 the complainant purchased 6 chairs Dining Table set from the OP by paying a sum of Rs.9,300/- . Within a week from the date of purchase, the chairs started getting holes and powder is falling from the table and chairs. The complainant met the OP and informed the same .The complainant also requested the OP to replace defective set with a new set. The OP sent one worker and got polished the set. Even after that the holes are appearing and powder is falling. The complainant abandoned the use of the set. On 22-04-2010 the complainant got issued a legal notice to OP demanding him to replace the set with one good variety set. The OP refused to receive the said notice. The OP sold inferior quality of table and chairs to the complainant. Hence the complaint. 

3.     On behalf of the complainant Ex. A1 to A5 are marked and the sworn affidavit of the complainant is filed.  

4.     The points that arise for consideration are    

(i)     whether there is defect in the table set sold by the OP ?

(ii)    whether the complainant is entitled  to any relief ?

1. To what relief?

5. Points No.1 & 2 :-  It is the case of the complainant  that she purchased Dinning Table set for Rs.9,300/-  from the OP on        24-02-2010. The complainant filed Ex.A1 original bill. It shows that on 24-02-2010 the complainant purchased 6 chairs Dinning Table for Rs.9,300/-  from the OP. It is further case of the complainant  that immediately after the purchase of the said table he found   holes on the table and chairs and that powder was falling . Besides the affidavit evidence of the complainant the complainant also filed Ex.A5 photos of the table set purchased from the OP. As seen from the Ex.A5 it is very clear that the table and chairs set sold by the OP is not of standard quality. There is defect in the wood used for making the chairs and tables sold by the OP. The complainant prior to the filling of the complaint got a legal notice issued to the OP. The said notice was returned unserved with an endorsement that  OP was unwilling to receive the same. As there is a defect in the table sold  by the OP , the OP is bound to replace the same with new set of standard quality.

5. Point No.3:  In the result the complaint is partly allowed directing the OP to replace the set sold under Ex.A1 with a new standard set to the complainant within one month from the date of the order. In the circumstances of the case no costs.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 02^nd day of September, 2010.

          Sd/-                                                                                     Sd/-

MALE MEMBER                                                              PRESIDENT      

     APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil            For the opposite parties : Nil

List of exhibits marked for the complainant:-

Ex.A1        Original Bill Issued by the OP for Rs.9,300/-

dt.24-02-2010.

Ex.A2.       Original Legal Notice dt.22-04-2010 issued to Op.

Ex.A3.       Original Postal receipt.

Ex.A4.       Unserved Registered cover along with ack.

Ex.A5.       Photo’s along with C.D. (10 No’s)

List of exhibits marked for the opposite parties:   Nil

            Sd/-                                                                  Sd/-

MALE MEMBER                                                            PRESIDENT

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties

Copy was made ready on :

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