By Jayasree Kallat, Member:

 

            The complaint was filed on 6-10-06. The petition is filed by the complainant alleging deficiency on the part of opposite party. The complainant had purchased 70 boxes of floor tiles from opposite party-1 on 14-6-06. At the time of purchase O.P. had assured that the tiles are of first quality. But when the complainant laid down the tiles the complainant came to understand that the tiles were of third class. Complainant had informed the matter to the first opposite party. First O.P. had informed the second O.P. The supervisor of the opposite party had visited the site where the tiles were laid. Complainant had sent notice to both O.Ps-1 and 2 claiming compensation. Complainant did not receive any reply.    Complainant has filed the petition for return of the bill amount of the tiles along with compensation.

 

Notice was sent to O.P.1. Even though notice was served O.P. did not appear before the Forum or file any version. O.P.2 had filed version denying all the allegations and claims in the complaint, except those that are expressly admitted. O.P.2 submits that first opposite party is not the dealer of 2nd O.P. There is no principle agent relationship between O.P.1 and O.P2. The bill issued by the first O.P. does not state the name of the manufacturer of the tiles purchased by the complainant. The box where in the tiles of second O.P. is packed and delivered contains specific instructions regarding the laying of tiles, its inherent characteristics also are printed. Shade and size variation may occur which is specifically mentioned in the box of the tiles. The masons must take precautions while laying the floors. The company will not bear liability after the tiles are fixed. There was no deficiency on the part of the opposite party-2. The complainant is not entitled for any amount from O.P.2. O.P.2 prays to dismiss the complaint.

 

            The only point for consideration is whether the complainant is entitled for any relief sought in the petition.

 

 

             The P.A. holder of the complainant was examined as PW1 and Exts. A1 to A4 were marked on complainant's side.

 

             The complainant’s case is that he had purchased 70 boxes of floor tiles from the opposite paprty-1 on 14-6-06. While purchasing the tiles,  O.P. had assured that the tiles were of first quality. But when the tiles were laid complainant came to understand that the tiles were not first quality but were of third quality. Complainant has filed the petition seeking relief from O.P.1 and 2. O.P.1 did not appear before the Forum and hence they were called absent and set exparte. O.P.2 had filed version contending that the tiles alleged to be defective were not manufactured by O.P.2. O.P.-2 further contended that O.P1 was not their authorized dealer. The complainant had produced bills received from first O.P. while purchasing the tiles. Ext.A1 does not show the name of the manufacturer. Complainant has not produced any documents to prove that O.P.2 was the manufacturer. Further the complainant has not also taken any steps to prove the defects alleged in the tiles or to prove that the tiles bought from O.P.1 were manufactured by O.P.2.  The Power of Attorney Holder of the complainant who has given evidence as PW1 was also not able to prove the case of the complainant.   In our opinion complainant has not been able to prove his case either by evidence or by documents. In such a circumstance we are of the opinion that the complainant is not entitled to get any relief.

 

            As the petition is devoid of merits, the petition is liable to be dismissed.

 

Pronounced in the open court this the 24^th day of June 2010.

Date of filing : 06.10.06

 

  SD/- PRESIDENT                SD/-MEMBER                        SD/- MEMBER

 

APPENDIX

 

Documents exhibited for the complainant:

A1.Photocopy of cash bill dt. 14-6-06.

A2. Copy of letter dt. 25-7-06.

A3. Photocopy of letter dt. 27-7-06.

Documents exhibited for the opposite parties.

            Nil

Witness examined for the complainant:

PW1. Shakkeer Babu, Power of Attorney Holder.

Witness examined for the opposite party.

            None.

                                                                                    Sd/- President

 

 

                                    // True copy //

 

(Forwarded/By order)

 

 

SENIOR SUPERINTENDENT.