IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE     30^th DAY OF NOVEMBER 2022

Present: -         Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

             Smt.S.Sandhya   Rani. Bsc, LLB ,Member

            Sri.Stanly Harold, B.A.LLB, Member

CC.No.132/2021

Ashok Kumar, 66 years,

S/o Janardhanan Nair,

Vimal Vihar,

Manayilkulangara P.O.,

Kollam West Village.                                      :           Complainant  

(By Adv.Dheeraj Ravi)

V/s

The Proprietor,

Capito lights,

Capito Town, Sarah Plaza,

Polayathodu, Kollam                                     :      Opposite party

ORDER

Sri.Stanly Harold, B.A.LLB, Member

          This is a case based on a complaint filed U/s 35 of the Consumer Protection Act 2019.

The averments in the complaint in short are as follows:-

The complainant purchased a wooden swing 2 seater JK from the shop of the opposite party on 20.08.2019 by paying an amount of Rs.29,500/-.  While purchasing the said furniture the opposite party had assured that the product is highly costly in the market that the wood used for the furniture is superior and it is also durable and safe.  The complainant had believed the representation made by the opposite party as true and genuine and purchased  the  furniture for his family to enjoy in leisure times.  After the purchase of the wooden swing 2 seater on 23.08.2019 the wife of the complainant were sitting on the said furniture and the sister of the wife also standing nearby.  At that time the heavy wooden frame fixed on the top of the swing detached from the portion where it was fixed and fell down with a huge sound very close to the complainant’s wife and his sister Smt.Shantha Rajagopal who is also standing nearby the wife of the complainant.  It was only due to luck both of them escaped from serious injuries or perhaps fortunate not to loss their life.  The complainant had immediately reported the matter before the opposite party’s shop and the staff of the opposite party visited the house of the complainant after a detailed checkup was done he was convinced with the defect of the product.  The staff from the opposite party’s shop has given assurance if the wooden furniture is faulty one it would be repaired within a few days.  But the complainant was not ready to use the product due to the reason that the product is very dangerous to the  life of the family of the complainant.  In the circumstances the complainant had demanded to refund Rs.29,500/- paid as the value of the wooden swing 2 seater JK.  But the opposite party was declined to refund the amount to the complainant and thereafter did not attend the phone calls made by the complainant and evaded from refunding the payment of the wooden swing 2 seater.  In this circumstances the complainant had constrained to issue a registered notice to the opposite party on 31.08.2019 demanding refund of Rs.29,500/- which is the price paid by him to the opposite party for the said furniture.  Even though accepted the notice on 03.09.2019 the opposite party had never refunded the amount or responded  to the notice any manner so far.  The complainant at the time of purchasing the wooden swing 2 seater the opposite party had given assurance that the product is very much costly in the market having good quality safe and manufactured with superior quality wood.  The opposite party was having full knowledge about the product that it is a hazardous to life and safety the opposite party deliberately refused to refund the amount after knowing the real facts of the matter.  It is clear from the act of the opposite party there is deficiency in service and unfair trade practice. According to the complainant the opposite party is liable to refund the amount of the furniture with compensation and costs.  Hence the complaint.   

          Though notice issued from this commission was served, the opposite party failed to appear before the commission accordingly opposite party were set exparte.   The complainant filed affidavit in lieu of chief examination by reiterating the averments in the complaint and got marked Exts.A1 to A4.  Ext.A1 is the invoice dated 20.08.2020 issued by the opposite party and Ext.A2 is the legal note dated 03.09.2019. Ext.A3 is the acknowledgment card. Ext.A4 is the photographs of the defective wooden swing 2 seater.  Heard the counsel for the complainant and perused the records.

The unchallenged averments in the affidavit coupled with Ext.A1 to A4 documents would establish the case of the complainant that he had purchased a wooden swing 2 seater JK on 31.08.2019.  After paying Rs.29,500/-.  It is pertinent to note that the opposite party made the complainant to believe that the wooden swing 2 seater JK is having very demand in the present market and manufactured with superior quality wood and also durable and safe.  However the wooden swing 2 seater JK purchased from the opposite party has become defective from the 3^rd day of its purchase.  Thereafter the opposite party assured to repair the defect but the complainant was not willing to get it repaired as it is hazardous and a threat to the life of the complainant and his family and hence he need refund of the amount paid for the wooden swing 2 seater JK as a safety measure.  But the opposite party failed to fulfill the request of the complainant in spite of all repeated contacts.  Though the complainant had purchased wooden swing 2 seater JK for the enjoyment with her family during leisure times no purpose had been served by this furniture wooden swing 2 seater JK.  The opposite party is under an obligation to keep the wooden swing 2 seater JK in a perfect working condition at least for period of 12 months from the date of purchase by the complainant which the opposite party failed to do so.  The opposite party had acted in most negligent manner while dealing with the grievance of the complainant which resulted in mental agony apart from financial loss.  Hence the complainant is entitled to get compensation.  The present condition of wooden swing 2 seater JK is clear from Ext.P4 series photographs on seeing on P4 series photographs one can easily understand that the heavy wooden frame fixed on the top of the swing detached from the portion and it was fallen down.  Though the opposite party has assured the complainant with colourful offer that wooden swing 2 seater JK is good and superior in quality which is very durable to use the complainant could be able to use the product only for 3 days.   The said furniture is according to the complainant is threat to the life of himself and his family members and he is not willing to use the same anymore.  According to the complainant the incident that happened on 23.09.2019 has put him in a state of panic and fear The opposite party is obliged to take back the defective wooden swing 2 seater JK and refund the amount of Rs.29,500/- as the cost of the product.

On evaluating the entire materials available on record we hold that the wooden swing 2 seater JK purchased by the complainant had become defective within 3 days of its purchase and the complainant felt that it is hazardous to the life and hence the complainant knocked the door of the opposite party with the defective furniture but there was no response on the part of the opposite party.  Hence there is deficiency in service and unfair trade practice on the part of the opposite party.  In the circumstances the opposite party is liable to refund the price of the wooden swing 2 seater JK shown in Ext.A1 invoice by taking back the same from the house of the complainant.

In the result complaint stands allowed in the following terms.

1. The opposite party is directed take back the defective wooden swing 2 seater JK  from the complainant’s house and to refund the amount Rs.29,500/-  being the invoice price of the product to the complainant with interest 6% from 20.08.2019 onwards till realization. 
2. The opposite party is also directed to pay Rs.5,000/- as compensation along with interest @ 6% per annum for mental agony and financial loss from the date of the complaint till realization.
3. The opposite party is directed to pay Rs.3,000/- as costs of the proceedings.
4. The opposite party is also directed not to sell similar hazardous product to the public any more.

5. Opposite party is directed to comply with the directions within 30 days from today failing which the complainant is at liberty to recover amount covered by relief No.1 to 3 with interest @ 9 % per annum from the date of order till realization from the opposite party and his assets both movable and immovable.  

Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 30^th day of  November 2022. 

    STANLY HAROLD: Sd/-

   E.M .MUHAMMED IBRAHIM: Sd/-

                        S.SANDHYA RANI: Sd/-

Forwarded/by Order

                                             Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.A1             : The invoice dated 20.08.2020 issued by the opposite party

Ext.A2             : The legal note dated 03.09.2019

Ext.A3             : The acknowledgment card

Ext.A4            : The photographs of the defective wooden swing 2 seater

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil