Complaint filed on: 18.11.2016
Complaint Disposed on:03.03.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.106/2016
DATED THIS THE 3rd DAY OF MARCH 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
T.T Naveen Kumar,
S/o Late Thimme Gowda,
Aged about 36 years,
Agriculturist,
Vasthare Village and Post,
Chikkamagaluru Taluk.
(By Sri/Smt. H.M. Sudhakar, Advocate)
V/s
OPPONENT:
The Proprietor,
Top Line Fancy Furnitures,
Opp:Shamnur Petrol Bunk,
Near Hanumanthappa Circle,
K.M Road, Chikmagalur City.
(OP - Exparte)
JUDGMENT DELIVERED BY HON’BLE MEMBER SMT.B.U.GEETHA
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging unfair trade practice in selling defective sofa set to the complainant. Hence, complainant prays for direction against OP either to replace the defective sofa set to new one or to repay the entire sofa set amount of Rs.25,327.51 with interest along with compensation of Rs.50,000/- for unfair trade practice.
2. The brief facts of the complaint is that:
The complainant purchased a corner sofa set from Op on 20.04.2016 by paying sum of Rs.25,327.51 under bill no.1017. After 10 days of the date of purchase of the said sofa set by the complainant, found defects in the said sofa set and also found that the said sofa set is not a good quality sofa set. Hence, immediately, the complainant approached the Op and complained about the said defects in the sofa set to the Op. For that, Op assured the complainant that, Op will replace the defective sofa set with new one after receiving the same type of sofa set from the company. In this regard, the complainant approached the Op on several times and also contacted the Op on several times through telephone. But for one or other reason the Op prolonging to replace the sofa set to new one, after that Op is refusing to replace the sofa set to new one. Hence, complainant got issued legal notice dated 27.09.2016 calling upon either to replace the defective sofa set to new one, or to repay the sofa set amount of Rs.25,327.51 along with interest. The said notice was received by the Op, but Op has not complied with the terms of the said legal notice. Hence, complainant filed this complaint and prays for direction against Op either to replace the defective sofa set to new one or to repay the entire sofa set amount of Rs.25,327.51 with interest along with compensation of Rs.50,000/-
3. Notice issued by this Hon’ble forum against Op was duly served, but Op has not appeared before this Hon’ble forum to take any defense. Hence, Op placed exparte.
4. The complainant filed affidavit and marked the documents as Ex.P1 to P3.
5. Heard the arguments:
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is unfair trade practice in selling defective sofa set to the complainant?
- Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. On going through the pleadings, affidavit, documents produced by the complainant, it is clear that complainant has purchased sofa set through original bill dated 20.04.2016 from Op by paying Rs.25,327.51 which is marked as Ex.P.1. Complainant also produced office copy of the legal notice dated:27.09.2016 which is marked as Ex.P.2, in which the complainant called upon Op to replace the above said defective sofa set to new one or to refund entire sofa set amount of Rs.25,327.51 with interest. The notice was duly served upon the Op and acknowledgment which is marked as Ex.P.3. But Op neither replied nor complied with the terms of the legal notice. Even Op has not appeared before this Hon’ble forum to defend his case. In order to avoid the replacement and the repayment of amount of Rs.25,327.51, Op has not appeared before this forum, hence we consider that Op has accepted the sofa set sold to the complainant is having manufacturing defect. Therefore, we consider Op has rendered unfair trade practice in selling defective sofa set to the complainant. Therefore Op is responsible for replacement of sofa set with new one, if he fails to do so is liable to refund the price of the said sofa set to the complainant and also Op is liable to pay compensation of Rs.3,000/- for unfair trade practice in selling defective sofa set and litigation expenses of Rs.2,000/- to the complainant, as such for the above said reasons, we answer the above point no.1 and 2 in the affirmative and proceed to pass the following:-
: O R D E R :
- The complaint is partly allowed.
- Op is directed to replace the defective sofa set with new one having no defects along with compensation of Rs.3,000/- for unfair trade practice and litigation expenses of Rs.2,000/- to the complainant within one month from the date of receipt of this order, failing which Op is directed to refund entire sofa set amount Rs.25,327.51 along with compensation and litigation expenses to the complainant within 15 days with 9% interest will be charged till the realization of the said amount.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 3rd day of March 2017).
(RAVISHANKAR)
President
(B.U.GEETHA) (H. MANJULA)
Member Member
ANNEXURES
Documents produced on behalf of the complainant:
Ex. P1 - Original bill dt:20.04.2016 for having purchase of sofa set from Op
Ex.P2 - Office copy of the legal notice
Ex.P3 - Postal acknowledgement due
Documents produced on behalf of the OPs:
NIL
Dated:03.03.2017 Member
District Consumer Forum,
Chikmagalur.
