Hyderabad: Consumer panel asks Saraf Furniture to cancel order, pay Rs 20K to colonel for delaying delivery

Hyderabad: District Consumer Disputes Redressal Commission-I, Hyderabad has directed Saraf Furniture to cancel the pending order and refund Rs 15,000 to a Hyderabad resident with 9 percent interest.

The Commission has also asked the firm to pay Rs 3,000 as compensation for mental agony and Rs 2,000 towards the cost of litigation.

Case details

Colonel K Rajesh, a resident of Secunderabad, had purchased furniture for their new flat after thorough research and visiting several showrooms in Secunderabad and Hyderabad. Rajesh zeroed in on Saraf Furniture, who quoted one of the lowest prices despite having negative reviews.

Rajesh personally verified from the showroom and was assured that the furniture would be delivered within four to six weeks. He placed an order on November 19, 2023, which included a solid foundation wood voted Platform Bed (Rs 39,899), a solid wood Kuber bed Queen size (Rs 27,999), a solid wood Kuber bed King size (Rs. 29,899) and a Wood Jali Dining Set 6-Seater (Rs 36,999). The cost of items came to about Rs. 1,19,968.44 after a discount of Rs. 14,827.56.

Rajesh ordered furniture and made an advance payment to Saraf Furniture

Rajesh made an advance payment of Rs. 24,038 to Saraf Furniture using his SBI credit card on November 19, 2023. He received an email on December 2, 2023, regarding two items shipped i.e. solid wood Kuber bed Queen size and a solid wood Kuber bed King size.

On December 5, 2023, he received another mail from Saraf Furniture asking him to pay Rs 42,491.22 towards the furniture shipped. The colonel paid the amount using the SBI credit card and the payment receipt was received via email on December 6, 2023.

However, the two pieces of furniture were delivered and assembled satisfactorily in the second week of December 2023. Despite Rajesh’s repeated efforts and follow-ups, Saraf Furniture failed to deliver the remaining furniture. In his complaint, Rajesh stated that Saraf Furniture refused to cancel the order and refund the money. They failed to inform the complainant about delivery delays, necessitating frequent inquiries.

Saraf Furniture failed to deliver the ordered furniture to Rajesh

Each inquiry resulted in Saraf Furniture extending the delivery date, misleading the complainant with false promises, and causing stress, and wasted time. Rajesh maintained regular correspondence via phone and email, initially to expedite delivery and later for cancellation and refund, without success. After the delivery of two pieces in the second week of December 2023, Rajesh first contacted Saraf Furniture on December 11, 2023, using the registered mobile numbers. The sales executive cited production delays at their Sardarshahar, Rajasthan, unit due to extreme winter, promising dispatch by the last week of December 2023.

On December 27, 2023, the sales executive informed Rajesh of further delays, promising dispatch by January 5, 2024. Subsequent inquiries resulted in consistent extensions of delivery dates. Call records from Rajesh’s number to the Saraf Furniture store numbers in December 2023, January 2024, and February 2024 are marked as evidence with screenshots. Saraf Furniture sent several emails confirming the expected dispatch dates, which were consistently extended or amended.

Saraf Furniture denied the cancellation

On January 22, 2024, Saraf Furniture sent an email to Rajesh and stated that the order was prepared for shipping. Due to the prolonged delay and lack of transparency from Saraf Furniture, Rajesh suspected the real intention of the company. Despite Rajesh's request for cancellation and refund made on February 5, 2024, Saraf Furniture continued to defer action, finally denying the cancellation request on February 12, 2024.

The prolonged delay and lack of transparency have not only inconvenienced Rajesh but also his family, including his 76-year-old mother, who moved into their new home more than 2 months ago without essential furniture. It also caused considerable mental distress due to broken promises and false assurance. Despite serving notices to the Saraf Furniture, they failed to appear before the Commission and file their version.

The Court noted that the absence of the Saraf Furniture, despite several notices, amounts to negligence on their part. The Court had directed Saraf Furniture to cancel the pending order and refund Rs 15,000, to Rajesh (with 9 percent interest), to pay Rs 3,000 as compensation for mental agony and inconvenience, and Rs 2,000 towards the cost of litigation.