DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 25th day of September 2010 .

Present : Smt. Seena.H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member

C.C.No.79/2010

M.C. Prasad

S/o. Chipra

Ambadi

Venoli Road

Kallepully Post

Palakkad - Complainant

(Adv. K.P. Ramadasan)

Vs

The Proprietor

Style Spa Furniture Limited

K.K.M. Sayujyam Residency

Robinson Road

Palakkad - Opposite party

O R D E R

By Smt. A.K. Bhanumathi, Member

The complaint in brief is as follows.

The complainant purchased a sofa settee (2 single seated and 1 three seated) on 27/10/2009 vide Invoice No.305 from the opposite party. At the time of delivery itself the complainant noted that there was a black mark on the centre of the three seated sofa. The same was informed to the agents of the opposite party. The agents orally promised that the defective sofa can be replaced soon. But it was not done. So the complainant sent a lawyer notice stating all these facts. But there was no reply from the opposite party. So the complainant filed this complaint seeking an order directing the opposite party to replace the defective sofa settee costs Rs.4,2615/- with new one along with the cost of the case proceedings.

The complaint was admitted. Opposite party set exparte. Complainant filed affidavit. Exhibit A1-A2 series are marked. Commission report is marked as Exhibit C1.

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The issue to be considered is

1. Whether the opposite party sold defective goods?

2. If so what is the relief?

The case of the complainant is regarding the sofa settee which is defective at the time of delivery itself. The same was informed to the agents of the opposite party at the time of delivery. The agents promised that the defective sofa can be replaced soon. But it was not done. So the complainant sent a lawyer notice stating all these facts. Opposite party not turned up. So this complaint.

We heard the matter and perused the documents produced.

In the Exhibit A1 document the name and address of the purchaser is seen different from that of the complainant. But Opposite party has not adduced any contra evidence. Exhibit A1 shows that Fabric Sofa FX II (1+1+3) seater 999542 was sold for Rs.31,198/-. Net value of the furniture is Rs.42,615/-. Cash discount is 35% will be deducted from the net value.

Commission states in his report that there is a black mark in the centre of the three seated sofa. It is not good to look. So commission report is in favour of the the complainant.

From the above discussions we are of the view that the Opposite party sold defective goods to the complainant.

In the result complaint allowed. Opposite party is directed to replace the defective sofa settee with a brand new one (1+1+3 seated) or else pay complainant an amount of Rs.31,200/- within a period of one month from the date of receipt of order. Opposite party is also directed to pay an amount of Rs.2,000/- as compensation and Rs.500/- as cost of the proceedings.

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Order to be complied within one month from the date of order failing which the whole amount shall carry interest at the rate of 9% per annum from the date of order till realization.

Pronounced in the open court on this the 25th day of September, 2010

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

APPENDIX

Date of filing: 14/06/2010

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

1. Ext. A1 – Copy of bill dated 27/10/2009

2. Ext. A2 series– Copy of lawyer notice dated 05/02/2010

Exhibits marked on the side of the Opposite Party

Nil

Commission Report

Exhibit C1 – Report dated 14/09/2010

Forums Exhibits

Nil

Costs - allowed.

Rs.500/-