N L GOEL Vs. STYLEPSA FURNITURE LTD

JUDGEMENT

(1.) Briefly stated the facts are that Sh. N.L. Goel, appellant (complainant) placed an order No. 043 with M/s. Vidisha Furnishers (respondent No. 2), on 5.11.2003 for the supply of some furniture items and paid a sum of Rs. 82,164, in advance vide cheque No. 772672 dated 5.11.2003 drawn on Canara Bank, Sector -17 -C, Chandigarh and a sum of Rs. 1,750 in cash. Both these payments were reflected in receipt No. 262 dated 5.11.2003.

(2.) IT was next averred that the appellant requested the respondent No. 2 to supply the furniture at the earliest as he was to go to Australia in the 2nd week of December, 2003, and on it, respondent No. 2 assured him that furniture would be supplied within a week, latest by 15.12.2003 and accordingly some furniture items were supplied on 14.11.2003 vide Invoice No. 198. However, on receipt of furniture items, it was found that the same were not in accordance with the order placed with respondent No. 2 and some items had not been supplied, and the items supplied were of the value of Rs. 71,551 against payment of Rs. 83,914.

(3.) IT was further averred that the appellant informed respondent No. 2 through writing as well as through telephone and it promised to remove the shortcomings within a week, but were not removed. He, even, wrote letter to both respondents but of no avail and ultimately he left for Delhi on 12.12.2003, for Australia and on return from Australia, again requested respondent No. 2 to supply the remaining items and to replace dirty furniture but it failed to do so. Even, notices issued to both respondents had no effect.