Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

2. The case of the complainant is as follows.  The complainant has constructed two storied building in his property at Padalam Thekkekara Village.  For making wardrobes and wall shelves he had purchased Architect Century Ply on 22/09/2012 for Rs.1,10,015/- from the 2^nd opposite party as the authorized dealer of the 1^st opposite party.  It is contented that he purchased the same from the 2^nd opposite party after consulting with the 1^st opposite party.  Out of the wardrobes and wall shelves constructed by using this materials two wardrobes and two wall shelves in bed rooms of the ground floor were damaged due to the termite infestation.  According to him these materials were placed not near any wet area or in a moisturized condition.  It is contented that he was maintained his house with all kinds of new methods for getting duration.  It is stated that the defect happened due to the low quality of the boards and the said condition the material was against the assurance of the 1^st and 2^nd opposite party.  Though the complainant contacted to the 1^st and 2^nd opposite party by phone and through other mediums the 1^st and 2^nd opposite party failed to redress the grievances of the complainant.  It is contented that the expert of the 1^st opposite party visited the complainant’s house and took a sample of the damage wardrobes to be sent for laboratory text.  It is contented that the 1^st and 2^nd opposite party had not given any reply to the laboratory test or redress his grievances.  It is contented that the act of the opposite parties are clear deficiency in service and unfair trade practice on the part of opposite parties and they are liable to the complainant.  Hence, the complaint for refund of the cost of the material, labor cost, compensation and cost etc. etc.

3. This Forum entertained the compliant and issued notice to the opposite parties for appearance.  Though the notices are received by the 1^st to 3^rd opposite party except 3^rd opposite party none of the opposite parties appeared before this Forum.  Hence, this Forum set ex parte against 1^st and 2^nd opposite party on 20/12/2017.  Though the 3^rd opposite party appeared in person on 07/12/2017 he was reluctant to file any version or appearance memo with regard to his presents before this Forum.  At last on 23/02/2018 we again called 3^rd opposite party and set ex party against him.

4. The complainant he who filed a commission application as IA 91/2017 for appointing an advocate commissioner and the expert commissioner to ascertain the defect of the materials alleged by the complainant.  This Forum allowed the commission application (IA 91/2017) and the commissioners filed their report before this Forum on 09/01/2018. 

5. While the trail of the case is going-on the complainant filed a petition to amend the complainant by an IA 32/2018.  Since the 1^st and 2^nd opposite party were already set ex parte, this Forum again issued notice to all the opposite parties with regard to I.A.32/18.   The 1^st opposite party filed a vakalath along with a petition to set aside the ex parte order against the 1^st opposite party dated 20/12/2017.  Since this Forum has no jurisdiction to set aside its ex parte order we dismissed the said IA 46/2016.  On the same day we allowed amendment petition (I.A.32/18) of the complainant in their favour. 

6. On the basis of the above complaint, commission report and other records we framed the following issues for consideration.

1. Whether the opposite parties are committed any deficiency

     in service against the complainant?

                   2. Regarding relief and costs?

7. In order to prove the case of the complainant, the complainant he who filed a proof affidavit in lieu of his chief examination and examined him as PW1.  Through PW1 Ext.A1 to A7 and Ext.C1 to C4 were also marked.  Ext.A1 is the guarantee card dated 15/10/2012.  Ext.A2 is the bill dated 22/09/2012.  Ext.A3 is the intimation dated 22/09/2012.  Ext.A4 is the complaint regarding termite infestation of century ply to the 1^st opposite party through Email dated 12/10/2017.  Ext.A5 series are the bill dated 28/11/2017 and 07/12/2017.  Ext.A6 is the receipt (labor cost) dated 15/12/2017.  Ext.A7 is the receipt (labor cost) dated 05/01/2018.   After the closure of evidence we heard the learned counsel appearing for the complainant.

8. Point No. 1&2:- For the sake of convenience we would like to consider Point No. 1&2 together.  When we peruse the proof affidavit of the complainant as PW1 we can see that the proof affidavit is more or less as per the tune of his complaint.  According to his testimony we can see that two wardrobes and two wall shelves in the bed rooms of the ground floor were damaged due to the termite infestation.  It is also depose that a book shelf was also completely damaged due to the termite attack.  PW1 also deposed that the 1^st & 2^nd opposite party made to believe him that the ply boards are all treated well and they are immune from any water and pest infestation PW1 deposed in chief that he maintained the material in his home with proper care and reasonable precautions.  It is also deposed that he suffered much difficulty and inconvenience for using the bed rooms as a result of this termite infestation.  When PW1 is examined in chief Ext.C1to C4 were also marked.  Ext.C1 is the mahassar prepared by the Advocate commissioner on 13/11/2017 which was filed before this Forum on 09/01/2018 and Ext.C2 is the advocate commission report dated 13/11/2017.  Ext.C3 series are CD and photographs of the damaged materials.  Ext.C4 is the expert report with regard to the materials.  In the end of the expert report he prepared an estimate of the expenses required for the replacement of the damaged materials.  The commission reported in Ext.C2 that all the wardrobes were loss by termite infestation and also point out that all the materials (plywood) were manufactured by the 1^st opposite party.  It is also reported that there is no symptom of any water leakage seen on the wall of the room.  When we examine the evidence adduced by PW1 in this case we can find that the 1^st to 3^rd opposite parties are already declared ex parte.  So the evidence adduced by PW1 is unchallengeable against 1^st to 3^rd opposite parties as far as this case is concerned.  When we look in to the evidence of this case we can find that the complainant suffered a huge loss by using this material for the above said work.  According to the complainant PW1 the cost of the material and painting work an amount of Rs.2,68,282.50/-is required along with compensation of Rs.1,00,000/-.  It is to be noted that as per Ext.C4 the commissioner (expert) stated that a total replacement of all materials are inevitable.  In order to arrive a conclusion with regard to the compensation for mental agony and inconvenience it is to be noted that the complainant did not adduce any material evidence to substantiate his contention.  However we can come to a clear conclusion that due to the low quality of the goods purchased by the complainant he suffered much mental agony and difficulty.  Therefore, the complainant is also eligible for a reasonable compensation.  On the basis of the above discussion we would like to come to a clear conclusion that the complainant is succeeded to prove his case with cogent and conclusive evidence.  We find that the 1^st opposite party is the manufacturer of the product and the 2^nd opposite party is the authorized dealer of the goods at Eranakulam and 3^rd opposite party is the authorized dealer of the 1^st opposite party at Pathanamthitta.  Therefore the 1^st to 3^rd opposite parties are jointly and severally liable to the complainant.  Hence Point No 1 & 2 found in favour of the complainant. 

9. In the result we pass the following orders.

1. The opposite parties are hereby directed to pay the price of the material Rs.2,68,283/- (Rupees Two Lakh Sixty Eight Thousand Two Hundred and Eight Three Only) with 10% interest from the date of receipt of this order onwards.

2. The opposite parties are also directed to pay a compensation of Rs.30,000/- (Rupees Thirty Thousand Only) and a cost of Rs.5,000/- (Rupees Five Thousand Only) to the complainant with 10% interest from the date of receipt of this order onwards.                                                         

                                    Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 31^st day of July, 2018.

                                                                                              (Sd/-)

                                                                   P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                                         (President)

Smt. Sheela Jacob (Member):   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1: Joythi Kumar.K.

Exhibits marked on the side of the complainant:

A1: Guarantee card dated 15/10/2012.

A2: Bill dated 22/09/2012.

A3: Intimation dated 22/09/2012. 

A4: Complainant regarding termite infestation of century ply to the 1^st opposite party through Email dated 12/10/2017.

A5 series: Bill dated 28/11/2017 and 07/12/2017. 

A6: Receipt (labor cost) dated 15/12/2017. 

A7: Receipt (labor cost) dated 05/01/2018.

Witness examined on the side of the opposite parties: Nil.

Exhibits marked on the side of the opposite parties: Nil.

Court Exhibit:

C1: Mahassar prepared by the Advocate commissioner on 08/01/2018.

C2: Advocate commission report dated 13/12/2017. 

C3: CD and photographs of the damaged materials.

C4: Expert report with regard to the materials.

                                                                                                (By Order)

                  Copy to:-

1. Joythi Kumar.K,

S/o. S.Karthikeyan Pillai, Edayirethu House, Edamali Muri,

Pandalam Thekkekara Village, Adoor Taluk.

(Office Address: East of Mini Civil Station,

National Press Building, Pathanamthitta.)

2. Century ply boards (India) Limited,

Represented by Chief Executive Officer,

Regd. Office-6, Lyons Range-Kolkatta.

(Set Ex parte on 20.12.2017)

3. Proprietor,

M/s. Sun Agencies, Br. N.H.47, By Pass, INTUC Junction,

Nettoor Kochi. (Set Ex parte on 20.12.2017)

4. Proprietor,

M/s. Kallukalam Traders, Govt. Hospital Road, Near Josco, Pathanamthitta. (Set Ex parte on 23.02.2018)

5. The stock file.