O R D E R<br /> <br /> <br /> <br /> SRI.D. KRISHNAPPA, PRESIDENT:<br /> <br /> <br /> The grievance of the complainant against the Op in brief is, that he purchased 3+2 seater sofa set from Op on 27/01/2008 for Rs.23,000/-. Op had promised at that time that their life will be minimum 7 to 8 years and he was using such Sofas in his office from past 5 to 6 years. During November 2009, leather of Sofa set started developing cracks which was reported to Op till December 2009 and again during January 2010. Then technician of Op came and inspected the sofa and told him that quality of the leather was not good. Then he brought it to the notice of Op who demanded Rs.8,000/- towards material and Rs.2,000/- towards labour charges for repairing the sofa set, therefore stated that he lost his faith in the product of the Op and prayed for a direction to Op to re-pay the cost of the sofa Rs.23,000/- with interest and to award damages and cost.<br /> <br /> Op is duly served, called out, absent, is set ex-parte.<br /> <br /> In the course of enquiry into the complaint, the complainant has filed his affidavit evidence and produced photographs of sofa, copy of bill for having paid cost of the sofa and copy of the letter he had addressed to Op on 27/01/2008. We have heard the complainant who is in person and perused the records.<br /> <br /> On going through the complainant allegation, affidavit evidence, payment receipt and copy of letter, the complainant addressed to Op disclose that the complainant had purchased sofa set by paying Rs.23,000/- from the Op on 27/01/2008. By further seeing the photographs produced by the complainant make it clear that the cover of the sofa has formed cracks and is peeling of. The complainant on 27/01/2010 found to had sent a letter to the Op brining to his notice about the peeling up of sofa cover and to refund his money, through registered post but the Op has not responded. Thus it is clear that within two years of purchase of this sofa by the complainant from the Op cracks have formed in the cover and cover is peeling of. Considering the cost of the sofa and the alleged assurance given by the Op, quality of the sofa supplied by the Op to the complainant found to be was not of good quality and is of sub-standard quality. Despite the fact that the problem was brought to the notice of the Op he has not responded and has also not chosen to appear before this forum to defend the case of the complainant. We therefore find no reasons to disbelieve the grievance of the complainant as such the complaint deserve to be allowed.<br /> <br /> The complainant has sought for refund of the entire cost of the sofa set, besides other damages but the complainant has made use of the sofa set for about two years and used during the first year of its purchase without any problem and thereafter till date from the date of purchase with same defect in the sofa. Therefore, this forum is required to deduct some amount for such use and order for refund of the balance amount. Considering the promise given by the Op that sofa could be used without any problem for minimum of 7 to 8 years we find it just and reasonable to deduct Rs.4,000/- from out of the cost of the sofa set paid to Op, we order for refund of the balance amount. With this, we pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaint is allowed in part. Op is directed to refund Rs.19,000/- to the complainant within 30 days from the date of receipt of copy of this order with interest @ 15% p.a from 27/01/2008 and till the date of payment.<br /> <br /> Op shall also pay cost of Rs.1,000/- to the complainant.<br /> <br /> <br /> <br /> Complainant shall return the sofa set to the Op on receipt of the payment.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 24th May 2010.<br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />