BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P.V.JAYARAJAN : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
SRI. VIJU V.R : MEMBER
C.C. No. 366/2023 (Filed on 19.07.2023)
ORDER DATED: 30.07.2024
Complainant:
Chandran, Chandrodayam, Unnimukku, Kallara P.O., Pin-695 608.
(Party in person)
Opposite party:
Proprietor, Sheeja Industries, Near Holy Cross Church, Mangadu P.O., Kollam-691 021 Having new address: Syam James, Bethel, Mangadu P.O., Kollam-6951015.
ORDER
SRI. P. V. JAYARAJAN: PRESIDENT
This complaint is filed under Sec. 35 of the Consumer Protection Act, 2019 and the matter stood over to this date for consideration. After hearing the matter this Commission passed an order as follows:
2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service and unfair trade practice on the part of the opposite party. After admitting the complaint notice was issued to the opposite party to appear before this Commission on 15.02.2024. The said notice was served to the opposite party on 29.01.2024. When the case came up for consideration on 15.02.2024 the opposite party was absent and there was no representation and hence the case was adjourned to 14.03.2024 for appearance of the opposite party and also for filing written version. When the case came up for consideration on 14.03.2024 the opposite party was absent and there was no representation and hence the opposite party was called absent and set ex-parte.
3. The case of the complainant in short is that he has placed order for a drawing room settee by paying Rs. 10,000/- as initial payment. The opposite party agreed to deliver a wooden settee made of teakwood. The value of the furniture was fixed as Rs. 40,000/-. The remaining Rs. 30,000/- is to be paid in monthly instalments @ Rs. 1,500/-. The said furniture was having a warranty for a period of 20 years. Just six months after the purchase of the furniture, damage was seen caused by way of forming dust beneath the furniture. By April 2023, when this defect was seen increasing, the complainant contacted the opposite party and the opposite party promised that a representative will visit the premises within 15 days. But there was no response from the opposite party and hence on 20.06.2023 when the complainant contacted in the same telephone number it was informed that this is not the telephone number of the opposite party establishment. The particular person informed the complainant that he has taken a new sim card on the previous day and he has no connection with the opposite party firm. The complainant submits that on 11.04.2022 the complainant paid the last instalment through the same telephone number by GPay and the same was acknowledged by the opposite party also. Subsequent to that there was no response from the side of the opposite party to repair or replace the furniture in spite of repeated requests and demands made by the complainant. Hence alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this Commission for redressing his grievances.
4. The evidence in this case consists of PW1 and Exts. P1 to P4 from the side of the complainant. The opposite party being declared ex-parte, there is no affidavit or documents from the side of the opposite party.
5. Issues to be considered are:
- Whether there is any deficiency in service and unfair trade practice on the part of the opposite party?
- Whether the complainant is entitled to the reliefs claimed in the complaint?
- Order as to costs?
6. Issues (i) to (iii): Heard. Perused the affidavit, documents and connected records. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts. P1 to P4 were produced and marked. Ext. P1 is the invoice dated 27.05.2020 for Rs. 10,000/-. Ext. P2 is the copy of the chart showing payment of instalments to the opposite party. Ext. P3 is the copy of the photograph of the furniture which shows the damages. Ext. P4 shows that the complainant has paid Rs. 2,000/- to the opposite party on 11.04.2022. As the opposite party was declared ex-parte, there is no contra evidence from the side of the opposite party. Hence the evidence adduced by the complainant stands unchallenged. In the absence of any evidence from the side of the opposite party to discredit the evidence adduced by the complainant, we accept the evidence adduced by the complainant. By swearing an affidavit as PW1 and by marking Exts. P1 to P4 documents, we find that the complainant has succeeded in establishing his case against the opposite party. From the available evidence, we find that there is deficiency in service and unfair trade practice on the part of the opposite party. It is also evident that the complainant has suffered mental agony and financial loss due to the act of the opposite party. As the mental agony and financial loss to the complainant was caused due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant. In view of the above discussions, we find that this is a fit case to be allowed in favour of the complainant.
In the result, the complaint is allowed. The opposite party is directed to pay Rs. 40,000/- (Rupees Forty Thousand only) being the cost of the furniture along with Rs. 10,000/- (Rupees Ten Thousand only) as compensation and Rs. 2,500/- (Rupees Two Thousand Five Hundred only) being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest @ 9% per annum from the date of order till the date of remittance/realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 30th day of July 2024.
Sd/-
P.V.JAYARAJAN : PRESIDENT
Sd/-
PREETHA G. NAIR : MEMBER
Sd/-
VIJU V.R : MEMBER
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C.C. No. 366/2023
APPENDIX
I COMPLAINANT’S WITNESS:
PW1 - Chandran
II COMPLAINANT’S DOCUMENTS:
P1 - Copy of the invoice dated 27.05.2020 for Rs. 10,000/-.
P2 - Copy of chart showing payment of instalments to the opposite party.
P3 - Copy of photograph of the furniture which shows the damages
P4 - Copy of screen shot of payment of Rs. 2,000/- to opposite party.
III OPPOSITE PARTY’S WITNESS:
NIL
IV OPPOSITE PARTY’S DOCUMENTS:
NIL
Sd/-
PRESIDENT
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