ADV. RAVI SUSHA, MEMBER.
Complainant’s case is that the complainant is presently employed at Germany, that the complainant is represented by the Power of Attorney Holder, that the complainant duly authorized the power attorney holder to institute complaint against the opp.party as per the power of attorney executed on 23..4..2010, that the power of attorney holder has also direct knowledge of the facts and circumstances of the case, that the complainant on 12..3..2009, in order to furnish the house with best quality furniture and other wood items, an order was placed on the opp.party by signing the order form given by the opp.party, that at the time of placing the order, the complainant specifically demanded the opp.party that all the items shall be made of best quality Teak wood with attractive workmanship and polished with M.R.F. polish, that the opp.party has accepted the demands of the complainant and promised that all the items shall be done in good quality Teake wood with attractive workmanship and polish all the items with MRF polish, that believing the words of the opp.party only, the complainant placed his order on the opp.party, that the opp.party supplied the items ordered by the complainant on 18..8.2009 and fixed those items in the newly constructed house of the complainant and issued cash receipt No.1112 dated 18..8..2009 and received the agreed amount from the complainant, that at the time of supplying the goods, it was detected that the television stand cabinet supplied by the opp.party was of inferior quality and not as per the requirement of the complainant, that on satisfying the defect, the television stand cabinet was taken back by the opp.party, that the complainant submits that the opp.party in violation of the promise, supplied inferior qualityt goods with poor workmanship, that on inspection so many defects were notice to the goods supplied, that all the defects are mentioned in the complaint, that the complainant submits that immediately after noticing the defects, informed the matter personally to the opp.party, that the opp.party promised the complainant that he is willing and ready to rectify the defects and replace the items which are not made of Teak wood and damaged goods, that but again the opp.party in violation of his promise delayed the agreed replacements and rectification, that aggrieved by the above said act of the opp.party, the complainant is compelled to send lawyer’s notice dated 11.5.2010 to the opp.party demanding him to replace the inferior quality goods and polish all the items with MRF polish within fifteen days of the receipt of the notice, that the opp.party received the said notices on 13..5..2010, that but he did not send any reply to the lawyer’s notice or attended to the requirements. Hence filed this complaint for getting relief.
Points that would arise for consideration are:
1.Whether there is any deficiency in service on the side of the opp.party
2. Reliefs and costs.
POINTS:
After receiving the notice from the Forum, opp.party entered appearance before the Forum on 1..8..2011 through an Advocate. But after that there is no vakalath, version or evidence adduced by the opp.party before the Forum. Hence the opp.party was declared as exparte. The complainant filed chief Affidavit and documents Ext. P1 to P6 for proving his case. The complainant was heard. Since there is no evidence adduced from the side of opp.party, we are constrained to belief the case of the complainant. On verifying the complaint, chief affidavit and documents we are of the view that there is clear deficiency in service on the side of the opp.party. Hence the complainant is entitled to get relief.
In the result, the complaint is allowed, opp.party is directed to replace the goods mentioned in the complaint with goods made of quality Teak wood with good workmanship or in the alternative direct the opp.party to pay 6,60,000/- to the complainant. Opp.party is also directed to pay Rs.50,000/- as compensation and Rs.1000/- as cost to the proceedings. The order is to be complied with within one month from the date of receipt of this order and in default it will carry interest at the rate of 7.5% per annum from the date of order.
Dated this the 17th day of February, 2012
I N D E X
List of documents for the complainant
P1. – Special Power of Attorney
P2. – Order Form
P3. – Bill issued by the opp.party
P4. – Lawyer’s notice
P5. –Postal receipt
P6. – Acknowledgement card.
