Order No.  5 dt.  27/03/2019

        The case of the complainant in brief is that the complainant wanted to buy certain ply board for the decoration of her newly purchased flat and for that the complainant went to the office of o.p. for discussion and after discussion the complainant gave order for some goods to o.ps. i.e. 4’ x 7’ of 19 mm for 7 pieces and 3’ x 6’ of 12 mm for 2 pieces ply board and accordingly o.ps. delivered the above booking goods at the address of the complainant on 20.11.18 and the rest booking goods were delivered on 21.11.18 after getting total price of the goods amounting to Rs.36,725/-. The complainant engaged the carpenter who used 6 pieces ply board out of the total delivered ply board used by cutting according to their plan and design. But after a few hours on the same date when the head carpenter visited the house of the complainant and inspected the work he noticed that the ply board purchased by the complainant were not standard in size. The complainant, thereafter, made contact with o.ps. but o.ps. declined to take back the goods since those were cut into pieces. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for payment of compensation and litigation cost.

            In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.

            The complainant in order to prove her case relied on the petition of complaint filed by her and no separate evidence was adduced by her. In support of the contention of the complainant, she filed tax invoice wherefrom it appears that the complainant purchased the goods from o.p. no.1 at a price of Rs.36,725/- and the complainant was not provided with the ply board as per the specification mentioned by her. The complainant has categorically stated that she paid the total amount of Rs.36,725/- for the purpose of the said goods, but the thickness of the said ply board was not in conformity with the booked order by the complainant. In view of such fact since the plea of the complainant has not been challenged by o.ps., moreover from the materials on record it appears that unfair trade practice was adopted by o.p. no.1 and therefore o.p. no.1 will be held liable for payment of compensation and litigation cost to the complainant. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.13/2019 is allowed ex parte with cost against the o.p. no.1 and dismissed ex parte without cost against the o.p. no.2. The o.p. no.1 is directed to pay to the complainant compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.