BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt. Case No : 429 of 2009

Date of Institution:  26.03.2009

Date of Decision  :  26.05.2010

Dr.Neeraj Kumar, Sole Prop. of M/s Chaitanya Hospital, Site No.1 & 2, Sector 44-C, Chandigarh.

 ……Complainant

V E R S U S

1]          Varinder Singla, Partner, M/s Planet furniture, SCO No.66-67, Sector 34-A, Chandigarh.

2]       Ashish Chadha, Partner, M/s Planet Furniture, SCO No.66-67, Sector 34-A, Chandigarh.

          2^nd Address:-

          M/s Planet Furniture, Zirakpur.

.…..Opposite Parties

CORAM:          SH.LAKSHMAN SHARMA                           PRESIDENT

                    MRS.MADHU MUTNEJA                          MEMBER

PRESENT:      Sh.Gaurav Bhardwaj, Adv. for complainant.

OPs are exparte.

PER MADHU MUTNEJA, MEMBER

                    The present complaint has been filed by Dr.Neeraj Kumar, complainant claiming deficiency in service and unfair trade practice on the part of OPs.  He has prayed that OPs be directed to deliver the furniture booked by him with them as per Ann.C-1 or refund the amount of Rs.50,000/- with interest and compensation. 

                    The case in brief is as under:-

1]                 the complainant, Dr. Neeraj Kumar had placed an order with the OPs for supply of Sofa-cum-Bed, Sofa-cum-Settee and Dinning Table on 31.3.2008 for his Hospital.  The total cost of the said furniture articles was settled as Rs.1,14,413/-.  The complainant paid an advance of Rs.50,000/-. The copy of the purchase order, quotation and bill are annexed as Ann.C-1 to C-3.  However, the OPs have not delivered the furniture as agreed upon by the parties even till date, inspite of several requests as well as personal visits to them. 

                    The complainant also sent a legal notice to the OP on 15.7.2008 but nothing was done by them.   Due to non-delivery of these articles, the complainant has suffered great loss as the articles were meant to be used by patients in the Hospital being run by the complainant.  Alleging deficiency in service, the complainant has filed the present complaint against the OPs.

2]                 Notices were sent to both the OPs a number of time.  Summons issued to OP No.1 had been received back undelivered with the report that OP No.1 refused to accept the same. Thus OP No.1 may be treated as duly served. Since no one appeared on behalf of OP No.1, he was proceeded against exparte on 8.10.2009. 

                    Summons sent to OP No.2 through courier were received back with the report that OP No.2 was not located at the given address.  Since the correct address could not be made available, hence OP No.2 was served by way of publication in daily “Desh Sewak” on 13.2.2010. As no one appeared on behalf of OP No.2 after the date of publication, OP No.2 was proceeded exparte on 3.3.2010.

3]                 We have heard the learned counsel for the complainant and perused the evidence led by complainant in support of his contentions.

4]                 The complainant is definitely aggrieved by the OPs since the furniture ordered by him for use in his hospital has not been delivered by the OPs.  The OPs have neither returned back his advance amount of Rs.50,000/- nor provided the furniture as ordered as per the bill at Ann.C-3.  Moreover, the OPs did not come forward to say anything in respect of the complaint filed by the complainant. We can thus be sure that their intentions are not good.  Their act shows willful avoidance of completion of contract.  They have also not offered to returned back the advance money to the complainant. 

5]                 This complaint is therefore allowed.  The OPs are jointly & severally directed as under:-

i)             To refund Rs.50,000/- paid by the complainant as advance on the date of booking the furniture. 

ii)            To pay Rs.20,000/- to the complainant as compensation for the harassment suffered by him due to their deficiency as well as delay in compliance of the order for furniture.

iii)          To pay Rs.5000/- as cost of litigation.

                    This order be complied with the above directions, failing which the OPs shall jointly and severally be liable to pay the amount of Rs.70,000/- along with interest @12% per annum from the date of filing the complaint till the date of actual payment besides the cost of litigation.

6]                 Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

26.05.2010                                                                      Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                                                  Sd/-

(MADHU MUTNEJA)

MEMBER

‘Om’