Tamil Nadu

South Chennai

300/2011

K.Venkoji Rao - Complainant(s)

Versus

Trutek Products Private Ltd & Other - Opp.Party(s)

T.R.Kumaravel

10 Apr 2018

ORDER

                                                                          Date of Filing  : 20.10.2011

                                                                          Date of Order : 02.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.300 /2011

DATED THIS WEDNESDAY THE 02^ND DAY OF MAY 2018

                                 

Mr. K. Venkoji Rao,

Partner,

Narayana Pearls & Gems,

No.116, Kasi Arcade Basement,

Opp. Residency Towers,

T. Nagar,

Chennai – 600 017.                                                .. Complainant.                                               ..Versus..

1.  The Manager,

Trutek Products Private Limited,

Head Office:

No.C-4, Phase III, Industrial Estate,

Ekkattuthangal,

Chennai – 600 097.

 

2. The Manager,

Trutek Products Private Limited,

No.498, Anna Salai,

Congress Building,

Chennai – 600 006.                                        ..  Opposite parties.

          

Counsel for complainant           :  Mr. T.R. Kumaravel

Counsel for opposite party       :  Mr. J. Vasu

 

ORDER

THIRU. M. MONY, PRESIDENT

        This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking refund of the cost of three numbers of undelivered chairs Rs.6,000/- with interest at the rate of 24% p.a. from 14.05.2011 to till the date of realization and to pay a sum of Rs.85,000/- towards compensation for mental agony, unfair trade practice, deficiency in service and to pay the cost of Rs.8,000/-.

1.    The averments of the complaint in brief are as follows:

            The complainant placed an order for 6 numbers of revolving chair model OCH-VC-1400 with the 2^nd opposite party.  After negotiation, the price for all 6 revolving chair costs Rs.12,000/- was paid on 12.5.2011 by the complainant.   The complainant submits that, out of 6 chairs, the 1^st opposite party delivered only 4 chairs on 14.5.2011 out of which, one damaged was taken back by the opposite party on 27.5.2011.   Evenafter repeated requests and demands, the opposite party has not come forward to deliver the balance 3 chairs.   So, the complainant issued legal notice dated:07.09.2011 and there was no response.  Hence the complaint was filed.

2.     The brief averments in the written version filed by the opposite parties is as follows:

            The opposite parties specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  It is admitted by the opposite party that, the complainant placed an order for 6 number of chairs for Rs.12,000/- and they have delivered all the 6 chairs in good condition.   The opposite parties  further submit that, the complainant with an ulterior motive to harass the opposite party filed this complaint.  The opposite parties submit that there was no deficiency in service on their part and the complaint has to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 are marked.  Proof affidavit of the opposite parties filed and no documents filed and marked on the side of the opposite parties.

4.     The point for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.6,000/- towards the cost of 3 undelivered chairs with interest as prayed for?
2. Whether the complainant is entitled to a sum of  Rs.85,000/- towards compensation for unfair trade practice with cost as prayed for?

5.     On point:

Heard both sides.  Perused the records namely the complaint, written  version, proof  affidavits, documents, written arguments of the complainant etc.  The learned Counsel for the complainant contended that admittedly, the complainant placed an order for 6 numbers of revolving chair model OCH-VC-1400.  After negotiation, the price for all 6 revolving chair costs Rs.12,000/- as per Ex.A1, quotation and was paid on 12.5.2011 vide Ex.A2.  Further the learned Counsel for the complainant contended that, out of 6 chairs the 1^st opposite party delivered only 4 chairs as per Ex.A3 on 14.5.2011 out of which, one damaged was taken back by the opposite party on 27.5.2011 as per Ex.A4.  Evenafter repeated requests and demands, the opposite party has not come forward to deliver the balance 3 chairs proves unfair trade practice.   Hence the complainant issued legal notice as per Ex.A6.  Since there was no response, the complainant was constrained to file this case claiming the value of 3 chairs with compensation.   The learned counsel for the opposite party contended that admittedly, the complainant placed an order for 6 number of chairs for Rs.12,000/-.  The contention of the opposite party is that they have delivered all the 6 chairs in good condition.  But there is no record proves unfair trade practice. 

6.     Further the contention of the opposite party is that the complainant with an ulterior motive to harass the opposite party filed this complaint.   But it is very clear from the records that, the opposite party delivered only 4 chairs out of which, one chair damaged was taken back by the 2^nd opposite party.  Further the contention of the opposite party is that the compensation claimed is exorbitant.

As per

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION,

NEW DELHI

REVISION PETITION NO.478/2012

M/s. Halda Office Systems Pvt. Ltd.

-Versus-

Bapuji Institute of Engineering and Technology

Held that

“Though there is warranty, the respondent have not replaced the chairs and have not given new chairs,so we come to the consclusion that this amounts to deficiency of service caused by the  respondent, the complainant are entitled to get compensation”.  

7.     Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall refund the cost price of 3 numbers of undelivered chairs with interest at the rate of 9% p.a. and Rs.10,000/-  towards compensation for mental agony with cost of Rs.5000/- to the complainant.  

 In the result, this complaint is allowed in part.  The  opposite parties 1 & 2 are jointly and severally directed to refund the cost price of three number of undelivered chairs Rs.6,000/- (Rupees six thousand only) with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 20.10.2011 to till the date of this order and to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 02^nd  day of May 2018. 

 

MEMBER –I                                                              PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	12.05.2011	Copy of sales quotation
Ex.A2	12.05.2011	Copy of payment charge slip
Ex.A3	14.05.2011	Copy of tax invoice- cum Delivery Challan
Ex.A4	27.05.2011	Copy of return chair taken acknowledge
Ex.A5	16.06.2011	Copy of E-mail
Ex.A6	07.09.2011	Copy of Legal notice
Ex.A7	19.09.2011	Copy of acknowledgement card

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                              PRESIDENT