IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 29th day of February, 2016
Filed on 27.06.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.201/2015
Between
Complainant:- Opposite party:-
Sri. George Joseph Sri. Anshaj. V.S., Proprietor
Kavalan House Three Star Furniture Mart
Varanad P.O., Ward No.1 Companipady, Near Irumalapadi
Thanneermukkom Panchayath East Junction, Nellikuzhy P.O. Cherthala East Muri Kothamangalam
Kokkothamangalam Village
Cherthaala
(By Adv. E.D. Zacharias)
O R D E R
SMT. JASMINE D. (MEMBER)
The facts of the complaint in short are as follows:-
The case of the complainant is that opposite party who is engaged in the business of making furniture, approached the complainant and assured to make furniture including a settee and a teepoy in rose wood according to the design suggested by the complainant for an amount of Rs.45,000/-. The complainant paid an amount of Rs.5000/- towards advance on 14.2.2015. Since the opposite party has not delivered the furniture on time, the complainant visited the shop of the opposite party and realized that furniture was not made in rose wood and also not in accordance with the design which he was suggested. Since the opposite party has violated from the assurance given to him, he does not want to proceed further and requested for refund of the amount paid, the opposite party agreed to return the advance amount. But the amount has not been refunded so far. The complainant sustained much mental agony and hence filed this complaint.
2. Notice was served to the opposite party, but did not appear before the Forum, hence set ex-parte.
3. The evidence in this case consists of proof affidavit filed by the complainant and Exts.A1 to A3 marked.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the complainant is entitled to get reliefs as prayed for?
5. Points 1 and 2:- The case of the complainant is that opposite party who is engaged in the business of making furniture, approached the complainant at his residence and assured to make furniture in rose wood according to the design suggested by the complainant. As per the assurance given by the opposite party, the complainant gave an order to make a settee and teepoy for a total amount of Rs.45,000/- and paid an amount of Rs.5000/- as advance. Since the opposite party has not delivered the furniture on the assured date the complainant visited the opposite party’s shop and noticed that the furniture was not made of rose wood and also not as per design which the complainant had suggested. Since the opposite party violated the assurance given to the complainant he requested to refund the advance amount paid. Even though the opposite party agreed to return the amount, but the amount has not been refunded so far. A notice sent through the lawyer of the complainant was in vain. Hence filed this complaint.
6. Complainant filed proof affidavit and documents Exts.A1 to A3 were marked. Ext.A1 is the bill dated 14.2.2015, Ext.A2 is the visiting card of opposite party and Ext.A3 is the copy of legal notice. Since the opposite party’s firm was at Nellikuzhy, Kothamangalam the Forum has raised a question regarding the jurisdiction, but from the pleadings, it is clear that the opposite party approached the complainant at his residence, so that a part of the cause of action arose within the jurisdiction of this Forum, and the complaint is found maintainable.
7. According to the complainant, opposite party has not delivered the furniture as ordered by him nor refunded the amount paid towards advance. The complainant proved his allegations by supporting documents. Since the opposite party has failed to deliver the articles which the complainant was ordered nor refunded the amount paid towards advance, they have committed deficiency in service. So the complainant is entitled to get the amount paid towards advance, hence the complaint is to be allowed.
In the result, the complaint is allowed. The opposite party is directed to refund an amount of Rs.5,000/- (Rupees five thousand only) to the complainant. The opposite party is further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards compensation to the complainant. The order shall be complied within one month from the date of receipt of this order, failing which the amount of Rs.5,000/- will carry interest @ 8% per annum from the date of order till realization. There is no order as to costs.
Pronounced in open Forum on this the 29th day of February, 2016
Sd/- Smt. Jasmine D (Member) :
Sd/- Smt. Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Bill dated 14.2.2015
Ext.A2 - Visiting card of opposite party
Ext.A3 - Copy of legal notice
Evidence of the opposite party: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
