LAWS(CHHCDRC)-2011-5-2

BASTARIA Vs. DOLLY GHOSHAL

Decided On May 03, 2011
Bastaria Appellant
V/S
Dolly Ghoshal Respondents

JUDGEMENT

(1.) THIS appeal is directed against order dated 25.11.2010 of District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) in Complaint Case No. 236/2010, whereby the appellant herein, has been directed to pay a sum of Rs. 21,000, along with interest @ 6% p.a. w.e.f. 1.5.2010 to the complainant/respondent and also to pay a sum of Rs. 3,000 as compensation for mental agony and Rs. 1,000 as cost of litigation, on account of supply of defective furniture to the respondent/complainant at the place of new and demanded furniture.

(2.) IT is not in dispute that respondent/ complainant paid a sum of Rs. 5,000 to the appellant/OP and booked in advance one Diwan, one Almirah, one side box and one central table on 25.9.2009. Remaining amount was paid to make the total cost of the furniture Rs. 21,000 and the furniture was purchased by the complainant.

(3.) THE allegation of the complainant is that the furniture, which was sent to the complainant/respondent by the appellant was of inferior quality. The fitting was also not appropriate. The Diwan could not be opened. Almirah was also old one having some scratches. Looking to these defects, the appellant was contacted by the complainant and he was requested to take back those old furniture and to provide in replacement good furniture. But when no heed was paid by the appellant to the request of the complainant, then a notice through Advocate was sent to the appellant on 25.1.2010 and thereafter consumer complaint was filed before the District Forum alleging that the defective furniture, was sold by the appellant to the complainant/respondent.