ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1.     This is the Complaint filed by the Complainant against the Opposite Party (herein referred to as OP) under section 35 of the Consumer Protection Act 2019 for deficiency in service in not supplying the furnitures agreed for which OP has received the entire amount and further supplying only two items against the three items agreed to be supplied and that the item supplied/delivered are broken and for the refund of the amount of Rs.49,497/- paid towards the said furnitures, and for Rs.50,000/- as damages towards suffering mental agony due to the act of OPs in not delivering the said furnitures, and also Rs.1,000/- towards litigation expenses and  for such other reliefs as the Hon’ble District Commission deems fit.

2.     The brief facts of the complaint are that; OP is a furniture manufacturer having a store at Kalyan Nagar at Bangalore. On 22.02.2022 complainant placed an order for three furnitures i.e. Solid Wood Jeli Bar, Solid Wood Cube Coffee table set of 5 pieces, Solid Wood Curved Writing/Study Table totally costing Rs.49,497/- and paid the full amount. OP agreed to supply the same within 4 to 6 weeks. Only two items out of the three ordered were delivered on 20.03.2022. Whereas the remaining one item was not at all delivered. Even the said two items which were delivered were defective, broken and not matching with the items displayed in the showroom.  He made a call to the OP customer care informing the defects and not to the specification and also not supplying the one more item. Further also provided the photographs of the damaged goods. Inpsite of  numerous calls and personal visits has not resulted in the desired result of refunding the amount and paying the compensation.  In the correspondence OP has admitted its mistake and deficiency in service. Hence prayed the commission to allow the complaint.

3.     Upon the service of notice OP did not appear before the commission and hence placed the exparte.

4.     In order to prove the case, complainant has filed his affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Party?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1:   IN THE AFFIRMATIVE

POINT NO.2:   PARTLY IN THE AFFIRMATIVE

                        For the following.

REASONS

POINT No.1:-

6.     On perusing the complaint, documents, evidence filed by the  complainant, it becomes clear that, the complainant placed order as per Ex P1 and P2 for Solid Wood Jali Bar walnut colour one piece for Rs.19,799.10, Solid Wood Cube Coffee Table walnut colour set of 5 pieces for Rs.17,099.10 and Solid Wood Curved Writing/Study table one piece walnut colour Rs.12,599.10.  Ex P3 is the invoice. Ex P5 are the various correspondences between the parties wherein complainant has informed OP regarding the damage to the furniture supplied “This is with reference the above order number, on opening the package we found that one of the wheels of solid jolly bar is broken, right rare wheel is broken. The photographs / images of the broken furniture is also produced and the same has been forwarded to the OP.”

7.     Even the correspondences clearly shows that the complainant has brought to the notice of the OP regarding the damages to the furniture supplied and still one more item to be supplied for which OP has sought some more time. It is also mentioned that the said item has been processed already and the same will be put to production. When all these facts and circumstances and the correspondences are taken into consideration OP has caused deficiency in service in supplying the furnitures agreed for which he has already received the full consideration, and yet supplied defective and broken materials and further, one material short of agreed three materials. Hence we answer POINT NO.1 ALSO IN THE AFFIRMATIVE.

POINT NO.2:

8.     Further we direct OP to refund the cost of the said furnitures i.e. Rs.49,497/- along with interest at 12% per annum from the date of purchase i.e. 22.02.2022 till payment of the entire amount along with damages of Rs.5,000/- for causing mental agony, physical hardship and further a sum of Rs.5,000/- towards litigation expenses and answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and  we pass the following:

ORDER

1. The Complaint is partly allowed with cost.
2. OP-1 i.e. Saraf Furniture i.e. represented by its CEO /Authorized Representative is hereby directed pay a sum of Rs.49,497/- along with interest at 12% per annum from the date of purchase i.e. 22.02.2022 till payment of the entire amount.
3. OP further directed to pay a sum of Rs.5,000/- towards damages for causing mental agony and strain and further Rs.5,000/- towards litigation expenses.
4. OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report on this Commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 14^TH day of OCTOBER 2022)

MEMBER         MEMBER       PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Order confirmation.

Ex P2: Copy of the Amount paid details

Ex. P3: Copy of the Invoice

Ex P4: Copy of the delivery chalan

Ex P5: Copy of the e-mail correspondences.

Ex P6: Photographs

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil -

Copies of Documents produced on behalf of Opposite Party/s

- Nil -

MEMBER         MEMBER       PRESIDENT

RAK*