D.O.F:9/4/14

 D.o.O:30/6/2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                            CC.NO.71/14

                        Dated this,   the   30^th        day of June  2014

PRESENT:

SMT.P.RAMADEVI            : PRESIDENT

SMT.BEENA K.G               : MEMBER

SMT.SHIBA.M.SAMUEL    : MEMBER

Majeed  Ahammed, S/o Ahammed,

Raheez Mahal, Kollambadi, Kasaragod.                  : Complainant

(in person)

M.K.Trading Company, Al-Ameen,

City Tower, KSEB Building,Cherkkala,                      : Opposite party

Kasaragod.(Exparte)

                                                                    ORDER

SMT.SHIBA.M.SAMUEL    : MEMBER

                   The complainants case in brief is that  he had purchased tiles for his house on 26/11/2013.  At the time of purchasing the  tiles, the opposite party assured and made to believe the complainant that it is the first quality tiles and , on that assurance the complainant purchased it.  After  fixation , it was found that the polish and  outer layer of the tiles were  started  peeling and it was not able to fix properly due to  lack of  finishing.  On many occasion he  complained about the  defective tiles to the  opposite party, but opposite party was so adamant and was not ready to redress his grievances.  Hence the complainant alleging deficiency in service and unfair trade practice on the part of opposite party.

2.  Notice to opposite party was served on him but he has not turned up  and name of the  opposite party was called  absent and  set exparte and the  complainant was examined as PW1 and Exts.A1&A2 marked.

3.  While adducing evidence PW1 stated that he had purchased tiles for an amount of Rs.1,54,373/.  On 26/11/2013  he paid an amount of Rs.1,38,257/- for which  received  original bill which was marked as Ext.A1.  He further deposed that he has to pay balance amount to the opposite party which is outstanding in the detailed bill.  The photocopy of the detailed bill is marked as Ext.A2.  The tiles were defective and lacks  quality as against the promise given by the opposite party at the time of purchase.  The opposite party  was not ready to replace the tiles or not prepared to redress his grievance.  Moreover opposite party humiliated the complainant.  Therefore the  PW1 was constrained to approach the Forum.

4.  From the evidence tendered by the complainant it is clear that opposite party committed unfair trade practice and deficiency in service by way of selling defective goods.  Hence opposite party is liable to compensate the complainant.

5.   Absolutely  no explanation forthcoming from the opposite party against the grievance submitted by the complainant.

   Therefore the complaint is allowed and the opposite party is directed to pay a sum of Rs.1,38,257/- which was the price of the tiles with 9% interest from the date of complaint to the complainant and an amount of Rs.25,000/- as compensation  with a cost of Rs.2000/-.  Time for compliance  is limited to 30 days from the date of receipt of copy of the order.

Exts:

A1&A2-26/11/13- cash bill

PW1- Majeed Ahammed-complainant

Sd/                                                                              Sd/                                                     Sd

MEMBER                                                         MEMBER                                     PRESIDENT

                                                                                         /Forwarded by Order/

                                                                           SENIOR SUPERINTENDENT

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