Date:19/07/2008 URL: http://www.thehindu.com/2008/07/19/stories/2008071954510800.htm

Andhra Pradesh

Shopping mall told to repay with compensation

Prabhakkar Sharma

The furniture has developed white patches after some time

The problem continued though it was polished
The forum held that there was deficiency in service

VISAKHAPATNAM: A shopping mall in the city has been directed by the District Consumer Forum–I to repay the cost of a defective bedroom set along with compensation and costs.

According to the case record, a resident of Venkojipalem in the city Pakalapati Madhuri, on being impressed by the Big Bazaar sales personnel that the furniture was of import quality made of fine wood, had ordered supply of a double cot, dressing table, almirah, diwan set, sofa set, TV table and other goods for Rs.67,798.

Out of these, the first three items which formed bedroom set cost Rs.24,449 for which one year guarantee was given. The consumer paid the money in September-2006 and the articles were delivered to her.

But in February 2007, white patches showed on the surface of all the three items comprising bedroom set.

This was informed immediately to the shopping mall, which deputed an employee. The latter polished the damaged items and left. But after ten days, the white patches reappeared.

Legal notice issued

Then the consumer addressed a letter to the seller and got issued a legal notice. Later, she filed a complaint (217/2008) in the Forum against the Managing Director of Big Bazaar (Pantaloon Retail (I) Ltd.,) in the city for refund, compensation and costs. The opposite party (OP) received notice and engaged an advocate who filed vakalat. Afterwards, the counter was not filed in spite of posting the matter as a last chance and thereafter extended time on costs.

Ultimately, the OP was called absent, counter not filed and there was no representation on subsequent adjournment also. Therefore, the OP was set ex- parte.

President of the Forum-I Y. Dhilleswara Rao and members G. Viswanatha Reddy and D. Suseela, in their verdict on Wednesday, observed that wood was not an electrical item so prone and fragile. It also could not be said that the white patches were the handiwork of the consumer. And considering the material on record, they held there was deficiency in service.

In the result, the OP was directed to repay Rs.24,449 being cost of the defective bedroom set, besides payment of Rs.10,000 towards compensation for mental agony and Rs.5,000 towards cost of litigation.

The time for compliance was fixed at 40 days, failing which the OP should pay along with an interest at the rate of 12 per cent a year on the amount from October 15, 2007.

The forum asked return of the bedroom set which the OP should take delivery at the consumer’s residence.