ORDER
The complainant has filed this complaint for compensation of Rs.5,00,000/- on the ground that OP has supplied a substandard cot even though he mentioned it as Savana King Size bed in honey oak finish, manufactured by Woodsworth and did not take care to replace it as the same was broken within two years from the date of purchase and washed of their hands stating that the product was covered with warrantee for one year only and sent a carpenter to repair the same who informed that the said cot was not of Sheesham wood, whereas it was of Mango wood. Complainant has paid Rs.31,249/- to purchase the said cot along with tax.
Upon the service of notice OP filed the version denying all the allegation and further contended at para 12 of the version that even to this day it is ready and willing to refund the money provided the complainant returns the product back to it.
When this is taken into consideration, we are of the opinion that complainant is entitle for refund of the cost of the cot i.e., Rs.31,249/- along with interest at 12% p.a., from the date of complaining the brakeage of the cot to the OP i.e., from October 2018 and further complainant is also entitled for damages for undergoing mental agony and hardship and we assess the same at Rs.5,000/- and cost of the litigation at Rs.2,000/-. Hence the order.
ORDER
Complaint is allowed.
OP is directed to pay a sum of Rs.31,249/- along with interest at 12% p.a., from October 2018 to till the date of payment.
OP is further directed to pay a sum of Rs.5,000/- towards damages and Rs.2,000/- towards litigation expenses.
After receiving the amount complainant is directed to handover the cot along with the broken pieces to OP and OP is directed to take the same and has to bear the cost of transportation.
The OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
Send a copy of this order to both parties free of cost.
MEMBER PRESIDENT
