| ORDER | KERALA STATE CONSUMER DISPUTES REDRESSALCOMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 610/2009JUDGMENT DATED: 12.11.2010 PRESENT:- JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SHRI.S.CHANDRA MOHAN NAIR : MEMBER APPELLANTS Achankulangara Devaswom Siva Temple, Represented by the Secretary. (Rep. by Adv. Sri. Anil D. Menon & K.K. Bassi) Vs RESPONDENT 1. Eternit Everest Ltd., Podannur, Coimbatore Represented by the Managing Director. 2. Century agencies, XX/368,PPB Buildings, M.G. Road, West Fort, Thrissur, Represented by The Branch Manager. JUDGMENT SHRI. S. CHANDRAMOHAN NAIR : MEMBER This appeal is preferred by the complainant who is not satisfied with the directions of the CDRF, Thrissur in O.P. 722/02. By the order dated 18.6.2009, the Forum below allowed the case of the complainant to the extent that the opposite parties are directed to refund the amount stated in Ext. P1 Bill with Rs. 10,000/- as compensation and cost of Rs. 1,000/-.The complainant’s case before the Forum was that the Siva Temple had purchased 156 numbers of Asbestos sheets from the second opposite party which were manufactured by the first opposite party for a sum of Rs. 39,520/- and that after the completion of the construction it was found that the roof covered with the above said sheets began to show problems such as seepage and wetness on the bottom portion of the roofing. Though the area sales manager of the second opposite party and the technical representative of the first opposite party inspected the sheets, there was no positive response to the request of the complainant to replace the sheets and hence the complaint was filed praying for directions to return the value of sheets amounting to Rs. 39,520/- with interest from 17.11.2001 along with the installation charges of Rs. 10,000/- and Rs. 10,000/- as compensation and Rs. 1,000/- as costs. The opposite parties filed version admitting the purchase, but contenting that the sheets were of good quality and had no manufacturing defects. The Forum below on an appreciation of the entire evidence on record passed the impugned order directing the opposite parties to refund the amount claimed in Ext. P1 ie. Rs. 39,520/- with compensation of Rs. 10,000/- and costs of Rs. 1,000/- The learned counsel for the appellant/complainant submitted before us that the complaint was filed as back in 2002 and the order came only in 2009 and in such a situation the Forum below ought to have considered the lapse of time and also the price increase in asbestos sheets. He has submitted before us that though there was a prayer for interest from the date of purchase ie 17.11.2001along with installation charges, the Forum had ignored the said claim, though it had awarded Rs. 10,000/- as compensation. It is the argument of the learned counsel that the Forum ought to have awarded interest also from the date of purchase. We find force in the said argument of the learned counsel. It is to be noted that the complainant had purchased asbestos sheets on 17.11.2001 by paying Rs. 39,520. The said sheets were found defective and the Forum had ordered for the refund of the amount paid by the complainant. However it is seen that the complaint was filed only on 17.10.2002. Though we find that the complaint is entitled to the interest also @ 9% per annum, we feel that the complainant is entitled to the interest only from the date of filing the complaint. The opposite parties are liable to pay interest also at 9% per annum on the principal amount of Rs. 39,520/- with effect from 17.10.2002 till the date of payment with compensation and costs awarded by the Forum below. In the result, the appeal is allowed in part thereby the opposite parties/respondents are directed to pay interest also on the amount stated in Exts. P1 @ 9% per annum from 17.10.2002 till the date of payment with compensation of Rs. 10,000/- and cost of Rs. 1,000/-. As far as the present appeal is concerned, the parties are directed to suffer their respective costs. S. CHANDRAMOHAN NAIR : MEMBER JUSTICE. K.R. UDAYABHANU : PRESIDENT | |
