Date of Filing: 29.08.2022

                                                   Date of Disposal: 18.04.2023

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BENGALURU – 560 027.

DATED THIS THE 18^th DAY OF APRIL 2023

CONSUMER COMPLAINT NO.173/2022       

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER                                          

Smt. C. Yogavathi

W/o. J. Sudhakar,

Aged about 54 years,

R/o at No.58, 7^th Main,

Near Girinagara Police Station,

B.S.K. 3^rd Stage,

(Rep by Sri. J. Sudhakara SPA,)

1) M/s. Damro Furniture (Pvt) Ltd.,

Lakshmi Complex, No.26, 6^th and 7^th Main,

80 Feet Ring Road, New Muslim Hostel,

Gnana Jyothi Nagara,

Opp. Gnanabharathi University Quarters,

Bengluru-560 056.

Rep. by Authorized Signatory.

(Rep by Smt.Akhila Kumari V, Advocate)

2) M/s Damro Furniture (Pvt) Ltd.,

Corporate Office, No.691, 4^th Floor,

New Muslim Hostel, J.P. Nagar 2^nd Stage,

Bangalore -560078.

Rep. by Authorized Signatory.

(Rep by Smt.Akhila Kumari V, Advocate)

3) The Director,

M/s Damro Furniture (PVT) Ltd.,

Registered Office, No.1, Pearl Tower,

Thiruneer Malai Road, Pallavaram,

Rep. by Authorized Signatory.

(Rep by Smt.Akhila Kumari V, Advocate)

4) Sri. Keshavamurthy,

Regional Manager,

M/s Damro Furniture (Pvt) Ltd.,

Corporate Office, No.691, 4^th Floor,

New Muslim Hostel, J.P. Nagar 2^nd Stage,

(Rep by Sri. K. Jagadish, Advocate)   

...OPPOSITE PARTIES.

*****

//JUDGEMENT//

BY SMT. REKHA SAYANNAVAR, MEMBER

01.    The present complaint is filed Under Section 35 of the Consumer Protection Act 2019 for a direction to pay the cost of the sofa set of Rs.90,667/- with interest at the rate of 18% per annum along with compensation of Rs.3,00,000/- to the complainant.

02.    The complainant is a party in person represented by Special Power of Attorney holder. Opposite party Damro Furniture – manufacturers, dealer of house hold furniture.  The complainant purchased a Sofa set and a Dining Table set on 26.08.2021 from opposite party No.1 by making payment of Rs.90,667/-.  The opposite party No.1 has delivered the same on 31.08.2021 to the complainant. Further the complainant had intimated the un-comfortability and defects in the sofa set to the opposite party No.1 on a very first day of its delivery.  Opposite party No.1 said to communicate to opposite party No.2 and opposite party No.2 directed to communicate to opposite party No.4.  The complainant as per the instructions of opposite party No.2 sent to the Grievance mail to opposite party No.4.  The e-mail dated: 26.07.2022 Opposite Party admitted the defect of SAGGING in the said sofa.

03.    The complainant kept on requesting the opposite parties about the defect in the sofa set and made the request to refund the product price, but of no use. The complainant was constrained to issue legal notice on 03.08.2022.  There was no reply from the opposite parties. The act of opposite parties caused mental stress and financial hardship to the complainant.  The complainant left with no other alternative approached this Commission for the redressal of her grievance Under Consumer Protection Act, 2019 for the defect in the goods.  Hence, this complaint.

04.    The notice of the complaint was duly served on opposite party No. 1 to 4.  The counsel for opposite party No.1 to 3 had filed detailed version. The counsel for opposite party No.4 had filed a Memo adopting the version of opposite party No. 1 to 3. The version of opposite party No. 1 to 4 was taken as not filed, as the version was filed beyond the statutory period of 45 days as contemplated Under Section Consumer Protection Act, 2019. However, the version was kept in the file.  Opposite party No.1 to 4 permitted to participate in the proceedings. 

05.    The Special Power of Attorney holder of complainant had filed affidavit in the form of his evidence in chief and got marked  EX.P.1 to EX.P.6 documents.

06.    The complainant has filed detailed written argument.

07.    Heard the arguments.  

08.    The points that would arise for consideration are as under:-

  (1) Whether there is deficiency of service on the part of the opposite party No.1 to 4?

  (2) Whether the complainant is entitle for the 

    relief as sought ?

       (3) What order ?

09.    Our findings on the aforesaid points are as follows:

Point No.1 :  In affirmative

Point No.2 :  Partly in affirmative

Point No.3 :  As per the final order for the following;

REASONS

10.    POINT No.1 & 2:- To avoid the repetition of the facts, we have discussed both Point No.1 & 2 together.  PW.1 had reiterated the facts stated in the complaint, in the affidavit filed in the form of his evidence in chief.  It is the case of the complainant that, she had purchased the sofa set and dining table set from opposite party No.1.  On the very first day of its delivery the complainant experienced discomfort and sagging in the sofa set.  The same was intimated to the opposite parties.  The opposite parties kept on promising the repair and replace of the sofa set, but there was no progress. The complainant sent many grievance mails to the opposite parties. The opposite party No.4 in its mail dated: 26.07.2022 vide EX.P.5 admitted the defect in their product, as - `` we  agree with your words. The problem is that, in the two seater right side small sagging issue, so company agrees to do service of two seater ``.  But till filing of this complaint there was no repair, replace and refund of the sofa set price. It caused mental suffering and financial hardship to the complainant. It amounts to the deficiency of service Under Section 2(11) of the Consumer Protection Act 2019 and the defect found in the goods supplied is as contemplated Under Section 2(10) of the Consumer Protection Act 2019.   The complainant is entitled for the refund of the cost of the sofa set of Rs.90,667/- with interest at the rate of  9% per annum from the date of its purchase. The complainant shall return the sofa set to the opposite parties.  The complainant to substantiate his claim has produced payment receipt for the purchase of sofa set. In addition to this the complainant is also entitle for compensation of Rs10,000/- towards mental agony and financial hardship and Rs.5,000/-  towards cost of litigation.  Hence, we answer Point No.1 in Affirmative and Point No.2 partly in affirmative.

11.    POINT NO.3:- In view of the discussion made above, we proceed to pass the following;

ORDER

The complaint is allowed in part.

The opposite party No.1 to 4 are jointly and severally liable to pay to the complainant the cost of the Sofa set of Rs.90,667/- with interest at the rate of 9% per annum from the date of its purchase i.e., dated: 26.08.2021 till realization and the complainant shall return the very same sofa set to the opposite parties.

Further opposite party No.1 to 4 shall pay to the complainant a sum of Rs.10,000/- towards mental agony and financial hardship and a sum of Rs.5,000/- towards litigation cost.

The parties shall comply the order within 30 days.   In case, the opposite party No.1 to 4 fail to comply the order within the said period, the above said amount of Rs.15,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

  (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 18^th Day of APRIL 2023)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

//ANNEXURE//

Witness examined for the complainant side:

Sri.J.Sudhakara, SPA holder of complainant (PW.1) has filed his affidavit in the form of his evidence in chief.

Documents marked for the complainant side:

1. Special Power of Attorney executed by the complainant – EX.P.1.
2. Copy of sale order dt.26.08.2021 – EX.P.2
3. Copy of receipt dt.26.08.2021 – EX.P.3
4. Copy of Tax Invoice dt.31.08.2021 – EX.P.4
5. Copy of two email correspondence – EX.P.5
6. Office copy of legal notice dt.01.08.2022 with copy of postal receipt and acknowledgment, postal track consignment – EX.P.6.

Witness examined for the opposite parties side:        

- NIL –

Documents marked for the Opposite Parties side:

- NIL -

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•