Karnataka

Chitradurga

CC/211/2018

Sri Ramakrishna reddy S/o Late R.Venkataramanappa - Complainant(s)

Versus

Chethan babu S/o Mallkarjunaiah. - Opp.Party(s)

Sri.A.M.Rudramini

20 Apr 2019

ORDER

COMPLAINT FILED ON:17/10/2018

DISPOSED      ON:20/04/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:211/2018

 

DATED: 20^th APRIL 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Sri. Ramakrishna Reddy, S/o Late R. Venkataramanappa, Age: 60 Years, Thuruvanur Road, B.L. Gowda Layout, Chitradurga.   (Rep by Sri.A.M. Rudramuni, Advocate)
V/S
…..OPPOSITE PARTY	Chethan Babu,m S/o S. Mallikarjunaiah, Age: 48 Years, Proprietor, Sri Ranga Granites, Opp: Shaneshwara Temple, Challakere Road, Chitradurga.   (Rep by Sri.O.L. Gnanesh, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OP to pay Rs.9,55,854/- towards purchase of granite slabs with interest @ 12% p.a and Rs.40,000/- towards mental agony, pain and costs.

2.      The brief facts of the case of the above complainant are that, he is the absolute owner of property bearing Khata No.183/1 situated at Challakere Toll Gate, Madakripura, Chitradurga.  The complainant has obtained all the necessary documents from the revenue authority for the purpose of construction of his house.  Accordingly, he approached the OP on 07.05.2012 for the purpose of purchasing the granite slabs to his house and purchased 453.480 sq.ft., granite slabs from the OP.  On 01.09.2012 the same has been fixed to his house.  The OP has received an amount of Rs.9,40,433/- from the complainant plus fixing charges.  After fixing the granite slabs, there was some defects found in the same i.e., there was bubbles and the colour was dim.  The same has been intimated to the OP, the OP visited the house of the complainant.  Further the complainant has approached the Geologist, who has visited the spot and on verification given a report that, the granite slabs fixed in the house should not be defected up to 50-60 years.  But in these slabs, the defects have been found within 6 years.  No doubt the OP has supplied defective granite slabs to the complainant as per the report of Geologist.  After the report, the complainant has intimated the same to the OP.  The OP again agreed to replace the granite slabs, but they have not done so.  On 06.08.2018, the complainant has issued legal notice through his counsel, the same has been served to the OP.  After service of the legal notice, they have not taken any steps to replace the granite slabs.  Due to supply of defective granite slabs, the complainant has suffered financial loss and mental agony, which cannot be compensated by the OP without solving the defects found in the granite or returning the amount to the complainant.  The cause of action for this complaint arose at Chitradurga, which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.

3.      On service of notice, OP appeared through Sri. O.L. Gnanesh, Advocate and filed objections to the complaint u/Sec.5 of the Limitation Act.  After disposal of the I.A, they have not come forward to file version or affidavit on behalf of OP.  Therefore, the version and affidavit of OP side is taken as not filed.

4.      Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked and closed his side.   

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OP has supplied defective granite slabs to him and committed deficiency of service and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:-Partly in Affirmative. 

                    Point No.2:- As per final order.

REASONS

8.      Point No.1:- There is no dispute between both parties that, the complainant is the absolute owner of house bearing Khata No.183/1 situated at Challakere Toll Gate, Madakaripura, Chitradurga.  The complainant has obtained necessary documents from the concerned department for the purpose of construction of the building.  Accordingly the complainant has approached the OP on 07.05.2012 for the purpose of purchasing the granite slabs.  The complainant has purchased 453.480 sq.ft., of granite slabs from the OP and paid a sum of Rs.9,40,433/- to the OP.  After some period, there appear bubbles and the colour was dim in the granite slabs.  The same has been intimated to the OP.  The OP visited the spot and verified and agreed to replace the granite slabs, but failed to do so.  The complainant approached the Geologist for inspection and submit the report as to whether the granite slabs supplied by the OP are original or not.  The Geologist has verified and submit the report on 04.07.2018 and told that the goods supplied by the OP is defective.  The original slabs will not have any change in colour up to 50-60 years.  But these slabs are defective.  After receiving the report, the complainant again approached the OP and informed the same.  By that time also, the OP agreed to replace the granite slabs, but the OP has not done so.  Again the complainant has issued legal notice, the same has been served to the OP but, the OP has not given any reply or change the defective granite slabs.  As per the documents produced by the complainant, it clearly shows that, he has purchased the granite slabs from the OP and paid a sum of Rs.9,40,433/-.  The Photos have been produced by the complainant as per Ex.A-3, which clearly shows that, there is a defects i.e., there is bubbles and colour was dim.  No doubt the OP has supplied the defective granite slabs to the complainant.  Due to supply of defective goods, the complainant has suffered a great loss and mental agony which cannot be compensated by the OP by any mode, which is a deficiency of service.

9.      We have gone through the entire documents filed by the complainant.  There is no dispute between both the sides that, the complainant is having house property bearing Khata No.183/1 situated at Challakere Toll Gate, Chitradurga and the complainant has purchased the granite slabs from the OP on 07.05.2012 nearly 453.480 sq.ft., by paying a sum of Rs.9,40,433/- to the OP.  After fixing the same, he found some defects i.e., there was bubbles and the colour also dim in the granite slabs.  The same has been informed to the OP, the OP visited the spot and verified and agreed to replace the same.  But they have not done so.  Again the complainant has issued legal notice to the OP, but the OP has not replied to the same or replace the granite slabs or return the amount received from the complainant.  The documents produced by the complainant clearly shows that, the complainant has purchased the granite slabs from the OP and paid the amount as stated above to the OP.  But the granite slabs supplied by the OP were defective one.  Due to the supply of defective goods, the complainant has put to great hardship, financial loss and mental agony.  Hence, the OP has committed deficiency of service and accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that the OP is hereby directed to remove the defective granite slabs and fix the original granite slabs to the satisfaction of the complainant.  If fails to do so, the OP is hereby directed to return the amount of Rs.8,00,000/- along with interest @ 9% p.a from 07.05.2012 till realization.

It is further ordered that, the OP is hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 20/04/2019 and it is pronounced in the open Court after our signatures)         

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Measurement slips
02	Ex-A-2:-	Geologist Report
03	Ex-A-3:-	Photos
04	Ex-A-4:-	Legal notice dated 06.08.2018
05	Ex.A-5:-	Postal Acknowledgement
06	Ex.A-6:-	E-Khata Form No.9 and 11A dated 14.10.2014

 

Documents marked on behalf of OP:

-Nil-

 

MEMBER                                                   PRESIDENT

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