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. 248/2021 Filed on 31/08/2021

ORDER DATED: 16/02/2023

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.  After hearing the matter the 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.  After accepting the notice, the opposite party not entered appearance and hence on 06/05/2022 the opposite party was called absent and set ex parte. 
3. The case of the complainant in short is that in the month of February 2021 an exhibition held at Chandrasekharan Nair Stadium Hall, Thiruvananthapruam.  In this exhibition the opposite party also had a stall and they exhibit their finished furniture products.  The complainant visited above stated exhibition on 04/02/2021 and he visited opposite parties stall.  The complainant impressed the products exhibited by the opposite party in the stall.  The complainant ordered one cot (classic), Almarah (Classic), Dressing Table, Cot Box, Bed (Spring) and Pillow and Sofa on 04/02/2020 for a total price of Rs.75,000/- from the opposite party.  At the time of ordering the opposite party’s representatives assured to deliver the furniture within 10 days and the complainant given Rs.15,000/- as advance and the same was delivered by opposite parties representatives only on 21/02/2020 at about 8.00PM and the same were unloaded, assembled and placed in the complainant’s home by opposite parties representatives and collected the balance amount of Rs.60,000/-.  On detailed inspection it is noted by the complainant that the delivered furniture were made with substandard woods, serious of manufacturing defects, worst finishing work, hand rest of the sofa are not fixed properly, threads from the clothes are not trimmed properly, one of the cupboard handle found damage, fittings of the cot are not proper, scratches are seen in the cot and Almarah.  Then the complainant contacted the opposite party on 22/02/2020 to request to replace or refund the price of the furniture and also send photographs of damaged furniture to opposite party through e-mail.  But there was no proper response from the opposite party.  After some days complainant approached opposite party once again for proper correction of the damages or replacement of the furniture.   The opposite party assured that in case there occurs any problem related to the finishing work or damages occurred they will replace.  Believing their words, complainant purchased the above stated furniture but they failed to act as assured.   Hence the complainant approached this Commission for redressing his grievances.  The opposite party being declared ex parte, there is no version or evidence from the side of the opposite party.                   
4. The evidence in this case consists of PW1 and Exts.A1 to A4 marked on the side of the complainant.  There is no oral or documentary evidence from the side of the opposite party.
5. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice

               on the part of the Opposite Party?

2. Whether the complainant is entitle to the relief claimed in the
3.  
4. Order as to cost?

6. Heard. Perused records, affidavit and documents.  In order to establish the case of the complainant, the complainant sworn an affidavit as PW1 and Ext.A1 to A4 were produced and marked.  Ext.A1 is the copy of the order form dated 04/02/2021.  Ext.A2 is the copy of the tax invoice dated 20/02/2021.  Ext.A3 is the copy of e-mail.  Ext.A4 is the copy of legal notice dated 07/04/2021.  There is no evidence from the side of the opposite party to discredit the evidence adduced by the complainant.  Hence the evidence adduced by the complainant stands unchallenged.  In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant.  By swearing an affidavit as PW1 and by marking Ext.A1 to A4, we find that the complainant has succeeded in establishing his case against the opposite party.  From the available evidence before this Commission, we find that there is deficiency in service and unfair trade practice on the part 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 losses 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 a sum of Rs.26,455/- (Rupees Twenty Six Thousand Four Hundred and Fifty Five Only) along with Rs.10,000/- (Rupees Ten Thousand Only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred Only) towards 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 interest @9% from the date of order till the date of realization/remittance.

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 16^th day of February,  2023.

C.C. No. 248/2021

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                                                           Sd/-

                                                                                                                                                   PRESIDENT