FINAL ORDER/JUDGEMENT

SHRI REYAZUDDIN KHAN,MEMBER

This is an application U/S..35 of the C.P. Act, 2019.

The case of the complainant in brief is that the complainant booked one sofa set vide on order booking form dated 26.10.2018 from the OPs the Mobel India Pvt.Ltd through an image of sofa set obtained from Google and against such booking the complainant paid an advance amount of Rs,65,500/(Rupees Sixty Five Thousand Five hundred)only against the said booking no.37090 dated 26.10.2018.As the OPs insisted to pay the full amount,the complainant accordingly paid another Rs,65,000/ vide bill dated 27.12.2018 in connection with order no.37090,the full consideration amount.The complainant stated that the sales executive of the OPs informed the approximate delivery date as on10.12.2018.At the time of taking the order for making of the sofa set,the sales executive of the OPs agreed to the design and color of the sofa set but later they showed different sample of photos of the sofa set with different color too.The OPs started to harass the complainant by sending different photographs on whatsApp changing the designs and dimension of the sofa set.Further on 10.01.2019,the complainant intimated the OPs that as the OPs have not performed the promise in prescribed manner by showing different color and design that indicates the deficiency in service on the part of the OPs.The OPs time and again assured the complainant to resolve the issue,but never took any step to redress the matter of the complainant.inspite of receiving the full consideration amount of Rs,1,30,000(Rupees One lakh Thirty Thousand)only,the OPs failed to deliver the sofa set as per the specification agreed upon.The complainant stated that on 17.09.2021 he sent a letter through his Ld.Advocate to the OPs with a request to refund the amount of Rs,1,30,000(Rupees One lakh Thirty Thousand)only.The complainant again sent a letter dated 16.12.2022 through his Ld.Advocate to the OPs for consideration of complaint in the light of the documents attached as the OPs failed their promised obligation

 Finding no other alternative, complainant filed the instant consumer case praying for directions as mentioned in the complaint petition.

Despite service of notice, the OPs did not turn up to contest the case.

As  such, the case has proceeded ex parte against the OP.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

           1)Whether the OPs are deficient in rendering proper service to the Complainant?
            2)  Whether the OPs have indulged in unfair trade practice?

           3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :-

Decision with Reasons

Upon perusal of the consumer complaint coupled with evidence of the complainant including the photocopies of payment receipts,paper photographs etc.The complainant placed an order at the showroom  the OPs for purchasing a sofa set whose colour and design obtained from the image

taken from google.The sales executive of the OPs showroom confirmed the color and design and assured the complainant to deliver the same sofa set by 10.12.2018 to  the complainant. The complainant paid the full consideration amount of Rs,1,30,000/ (Rupees One lakh Thirty Thousand)only in two installments on different dates.Further,the complainant alleged that when he saw the completed photographs of the sofa set which the sales executive sent through whatsapp,it was completely different in color, design and dimension which he was ordered or booked  and also it was not completed  in proper time,so the complainant denied to take the alleged sofa set and asked for refund of the deposited amount .

After going through the communication details we find that the complainant booked the sofa set from  the OPs company for better service of quality finishing of work,design. OPs company failed to discharge their contractual obligations regarding the work ordered by the complainant.

The OPs company is fully aware that they are liable to refund the  Complainant’s hard earned money. The OPs deliberately make their illegal gains and to deprive the complainant from providing quality work and materials for they have assigned for which the complainant expected.Thus, the OPs have adopted unfair trade practice, and in fact, withhold the paid amount of Rs.1,30,000 (Rupees One lakh Thirty Thousand)only .The OPs have opted not to file written Version despite of service of notice of complaint,the above allegations of the complaint is deemed to have been admitted as correct. Complainant have filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs,1,30,000/ (Rupees One lakh Thirty Thousand)only the OPs company has failed to refund the paid amount for which the complainant is claiming. In absence of any explanation for failure to comply with the stipulation of refund of  amount, we have no hesitation in concluding that the OPs company has committed deficiency in service and also has indulged in unfair trade practice.

The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent  legislation cannot be overlooked and its object is not to be frustrated. The complainant has paid Rs.1,30,000/ (Rupees One lakh Thirty Thousand)only to the OPs company for purchase of new sofa set mentioned and hence she asked for refund of the full paid money due to disappointed with the services of the OPs company. The OPs company failed and neglected to refund the money since 17.09.2021(when the complainant requested for refund of money) to the complainant and the act and conduct of the OPs company is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not engaged the company and paid  his money with the OPs,  he would have engaged some other company for better designing and quality work. The complainant cannot be wait indefinitely to get the paid  amount. The complainant has suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle.In these circumstances the complainant is entitled to get compensation.

In the result, the case succeeds in part.

Hence,

                                     Ordered

That the complaint case be and the same is allowed in part ex parte against the OPs company with a litigation cost of Rs. 5,000/- (Rupees Five thousand) only.

 1.OPs company is directed to refund the advance amount of Rs,1,30,000/ (Rupees One lakh Thirty Thousand)only @ 9% per annum to the complainant from 17.09.2021 till final realization of the case.

Complainant put the order in execution, if the OPs transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 60 days.