Date of Filing:10/12/2020

Date of Order:11/05/2022

BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHANTHINAGAR BANGALORE -  27.

Dated:11^th DAY OF MAY 2022

PRESENT

SRI.H.R. SRINIVAS, B.Sc., LL.B. Rtd. Prl. District & Sessions Judge And PRESIDENT

SRI. Y.S. THAMMANNA, B.Sc, LL.B., MEMBER

SMT.SHARAVATHI S.M, B.A, LL.B., MEMBER

COMPLAINT NO.1090/2020

Vs

ORDER

BY SRI.H.R. SRINIVAS, PRESIDENT.

1.     This Complaint is filed by the Complainant U/S Section 35 of Consumer Protection Act 2019, against the Opposite Party  (herein referred in short as OP) alleging the deficiency in service in not supplying the sofa set well in time and for refund of Rs.50,000/-paid towards advance consideration for the said sofa set along with interest at 18% per annum and for Rs.2,00,000/- as damages for the deficiency in service and unfair trade practice resulting in causing mental agony and loss and for such other reliefs as this Hon’ble Commission deems fit. 

2.      The brief facts of the complaint are that: the Complainant is the consumer/customer of OP who is doing manufacturing and selling of furnitures. On 12.02.2019 the complainant visited the shop of OP and after going through the furnitures, he agreed to purchase one sofa set for a sum of Rs.1,32,000/- wherein OP agreed to supply the same on 27.02.2019 as he was having a function in his house on 21.03.2019 and the same was required on that day for his guest and relatives who were to attend the function.  He paid Rs.50,000/- on 12.02.2019 as a token advance and OP agreed to deliver the sofa set on or before 27.02.2019. Inspite of it, OP did not maintain the timeline and also did not supply the sofa in time for the use of his guests in the function, whereas he was demanding for the balance of the amount. 

3.     On 14.03.2019 complainant through whatsapp informed the OP that he is cancelling the order and demanded the payment of the amount in case the material was not supplied/delivered on 16.03.2019.  Since the same was not supplied he cancelled the order and demanded the OP to refund the amount which OP did not do it. Hence he had to write a letter on 04.09.2019 through Registered post for which OP neither replied nor complied with the demand and hence he had to issue a legal notice on 03.02.2020 to which OP has issued a reply denying the legal liability.  The act of OP amounts to unfair trade practice in not supplying the material (sofa set) as agreed on the date of requirement and also not refunding the amount after due cancellation of the order and hence the complaint.

4.     Upon the service of notice, OP appeared before the commission and filed the version and contended that the complaint is not maintainable either in law or on facts and liable to be dismissed he has admitted the order placed by the complainant for the sofa set by paying Rs.50,000/-, on 12.02.2019 for which, he has issued a receipt and has denied that he has promised to deliver the sofa on 27.02.2019 and failed to do so.  Denying all the allegations made against, prayed the commission to dismiss the complaint.

5.     In order to prove the case, both parties have filed their 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?

6.     Our answers to the above points are:-

POINT NO.1:    In the Negative.

POINT NO.2:    Partly in the affirmative.

                        For the following:-

REASONS

POINT No.1:-

7.     On perusal of the complaint, version, documents and evidences of both side  it is undisputed that complainant as per Ex P1 booked a sofa set by paying Rs.50,000/- for which OP has passed on a receipt. letter correspondences has been made and legal notice issued by the complainant has been replied by  OP.

8.     It is the specific case of the complainant that after paying the advance amount of Rs.50,000/- on 12.02.2019, OP agreed to supply the sofa set on 27.02.2019 whereas no mention of date of supply of the product has been mentioned in the said receipt issued by OP.  Further when the reply to the legal notice issued if taken in to consideration OP has clearly stated that the sofa set is ready and he will delivering the said sofa set by 15.03.2019 and before delivery the complainant to pay the balance of the sale amount i.e. Rs.82,000/- and also sent a photograph of the ready sofa and also whatsapp message informing that sofa was ready for delivery and also demanded the payment of balance of the amount so that he can deliver the said produce to him. It is also mentioned in the reply that complainant informed the OP that he will be busy in house warming ceremony on 21.03.2019 and he will mobilize the fund of Rs.82,000/- and can able to contact OP only after 22.03.2019 to pay the amount and to collect the sofa set.

9.     He has also produced the photo of the sofa set along with whatsapp conversation wherein he has informed the complainant that the sofa set is ready and demanded to pay the balance of the amount towards the said sofa set so that he can deliver the sofa set on 16.05.2019.  In view of this, we are of the opinion that no case made out and proved against OP and also no deficiency in service is made out by the complainant against OP and hence we answer POINT NO.1 IN THE NEGATIVE.

POINT NO.2:

10.   In view of the circumstances of this case, we are of the opinion that, if the complainant is directed to pay the balance of amount and to collect the sofa set would be just, proper and reasonable as the sofa set has been manufactured on the specific instructions and to the specification of the complainant (customized).  In case the complainant do not want the said product by paying the balance of sale consideration of Rs.82,000/-, we hereby order OP to pay Rs.30,000/- only to the complainant our of Rs.50,000/- by retaining Rs.20,000/- towards the cost of labour and other sundry expenses. Complainant is not entitle for the damages or the litigation expenses. Hence we answer PONT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:-

ORDER

1. The complaint is allowed in part.
2. Complainant to pay balance of Rs.82,000/- and to purchase sofa-set within 30 days for the receipt of this order.
3. In case complainant do not want to purchase the sofaset, OP to pay Rs.30,000/- only to the complainant by retaining for Rs.20,000/-(out of Rs.50,000/-) towards the cost of labour and other sundry expenses. Complainant is not entitle for the damages or the litigation expenses.

4. 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 11^th day of MAY 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 receipt for having paid Rs.50,000/- to OP.

Ex P2: Copy of the Letter written by complainant to OP.

Ex P3: Copy of the Legal notice issued to the complainant.

Ex P4: Copy of the Reply by Op.

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

RW-1: Sri Sayyad Tabrez of OP.

Copies of Documents produced on behalf of Opposite Party/s

Ex R1: Copy of the authorization letter dt: 27.01.2022.

Ex R2: Photograph of sofa.

Ex R3: Whatsapp messages of acceptance.

MEMBER         MEMBER       PRESIDENT

RAK*