BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 29th FEBRUARY 2016
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
COMPLAINT NO. 371/2015
(Admitted on 31.10.2015)
Mr. John Sherra,
S/o Late Benjamine Sherra
Aged about 57 years,
Residing near Sanjay Apartment,
Shivbag New Road, Kadri,
Mangaluru-575 005. …….. COMPLAINANT
(Advocate for Complainant: Manjula N.A )
VERSUS
Veenu Enterprises,
Next to Canara Springs,
Near New Police Station,
Maroli, Mangaluru-575 003.
Mangalore.
Represented by it Authorized signatory.
……OPPOSITE PARTY
(Opposite Party : Ex-parte)
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. ASHA SHETTY
1. This complaint is filed under section 12 of the Consumer Protection Act alleging defect good as against the opposite party claiming certain reliefs.
The brief facts of the case are as under:
The complainant stated that, the opposite party is manufacturing various house hold articles including various types of Almeriah, ladder, furniture etc., and selling the same through their dealers all over Dakshina Kannada.
The complainant stated that, the opposite party had canvassed and assured that they are manufacturing storing and good quality products and are free from defects in material and workmanship and the opposite party also assured to provide warranty towards any kind of defects. Further the opposite party had promised that they would refund or replace the product if there are any material defects. In good faith believing the Opposite Party’s words regarding the quality of their product and their assurance of replacement/refund of amount placed order for 61/2 Medium Gage Almeriah (A 1) and 4 step Aluminum Domestic Folding Ladder on 15.10.2014 for Rs. 13,000/-. At the time of placing order paid advance amount of Rs. 8,000/v- and remaining was agreed to be paid at the time of delivery. The Opposite Party promised me that they would deliver the product either on or before 18.10.2014. But Opposite Party failed to deliver the goods within time as promised. On the next day when enquired with the Opposite Party they told that work is in progress and they will deliver the same on 20.10.2014. But to surprise the Opposite Party went on seeking time without any valid reason and at last on 30.10.2014 they delivered the goods to house. After verifying the same noticed that the Almeriah was in bad condition which had 2 dents, paint was peeled off and the legs had not equaled to ground level. Further it was not new one, the Opposite Party cheated by selling old one by repainting the same. Immediately on the same day refused to take the delivery and made an endorsement that same is damaged one at the time of delivery, hence was returned to the Opposite Party. While taking back the Almeriah, the Opposite Party endorsed the same on the Invoice issued by them. The complainant requested the opposite party to refund the balance amount of Rs. 5,118/- after deducting the price of the ladder supplied to the complainant and hence the above complaint filed U/sec 12 of the Consumer Protection Act 1986 (herein after referred to as the act) seeking direction from this Forum to the opposite party to refund a sum of Rs. 5,118/- along with interest at 18% per annum from the date of payment till the realization to the complainant along with compensation and cost of the proceedings.
II. 1. Version notice served to the opposite party by R.P.A.D receiving version notice neither appeared nor contested the case before this Fora, Hence we have proceeded ex-parte as against the opposite party. The unserved postal acknowledgment marked as court Document No. 1.
III. 1. In support of the complaint, Mr John Sherra (CW1) the Complainant filed affidavit reiterating what has been stated in the complaint and produced Ex. C1 to C4. Opposite Party ex-parte.
In view of the above said facts, the points now that arise for our consideration in this case are as under:
Whether the complainant proves that the opposite party has committed deficiency in service?
If so, whether the complainant is entitled for the reliefs claimed?
What order?
We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:
Point No. (i) and (ii): Affirmative
Point No. (iii) and (iv). As per the final order.
REASONS
IV. 1. POINTS NO. (i) to (iv): The complainant in order to substantiate the averments made in the complaint filed affidavit supported by documents i.e. Ex c-1 to C-4. On perusal of the documents i.e. Ex C1 is the original receipt issued by the Opposite Party wherein the complainant paid Rs. 8,000/- as advance. The Ex C-2 is the tax invoice wherein complainant purchased 4 step Aluminum Domestic Folding ladder and 61/2 Medium Gage Almeriah (A) for total Rs. 13,000/- on 30.10.2014. The Ex C-3 is the letter issued by the complainant to opposite party. The above documents made us clear that the opposite party delivered one Almeriah i.e. proved to the defective and complainant called for to take it back, but the opposite party turned hostile in this case.
However, we noted that the Opposite Party in-spite of receiving version notice not appeared nor contested the case till this date shows sheer negligence on the part of the opposite party. The entire material evidence placed before this FORA is not contradicted nor controverted by the Opposite Party. The unrebutted evidence requires no further proof. It is proved that the Almeriah sold by the complainant proved to be defective.
In view of the above said reasons, we hold that, the Opposite Party is liable to refund the amount of Rs. 8,000/- after deducting the price of the ladder it comes to Rs. 5,118/- along with interest @ 12% p.a. by taking back the defective Almeriah from the date of complaint till the date of payment. Further pay Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
In the result, we pass the following:
ORDER
The complaint is allowed. The opposite party shall refund ₹ 5,118/- along with interest 12% per annum from the date of complaint till the date of payment. Further pay Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 6 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 29th day of FEBRUARY 2016).
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW-1 : Mr. John Sherra, – Complainant.
Documents produced on behalf of the Complainant:
Ex. C1 : 15.10.2014 :Original Receipt issued by the Opposite Party.
Ex. C2 : 30.10.2014 :Original Tax Invoice.
Ex. C3 : 31.03.2015 : Letter issued by complainant
Ex. C4 : :Postal receipt.
Witnesses examined on behalf of the Opposite Party:
- Nil -
Documents produced on behalf of the Opposite Party:
- Nil -
Dated: 29.02.2016. PRESIDENT
30.12.2015. Call on for further arguments 14.01.2016.
14.02.2016. Call on 12.02.2016.
12.02.2016. Call on 29.02.2016.
29.02.2016.
ORDER
The complaint is allowed. The opposite party shall refund ₹ 5,118/- along with interest 12% per annum from the date of complaint till the date of payment. Further pay Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 6 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 29th day of FEBRUARY 2016).
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
