O R D E R

                   The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                   2. The complainant’s case is that he had purchased 38 boxes of red fort rock floor tiles at a cost of ` 13,722 and 8 boxes of Asian Jet Black tiles for a cost of ` 13,852 from 3^rd opposite party for laying at the newly constructed house of the complainant.  The manufacturer of the said tiles is the 2^nd opposite party.  2^nd opposite party is the agent of the 1^st opposite party and the 3^rd opposite party is the retailer of the tiles.  The said tiles will purchase on the basis of the discussions with the sales executives and the sales agents.  The company executives assured the complainant on many occasions that the colour of the tiles will not fade, bleach or change and also assured that they have ensure the supply of same batch material.  The complainant had also spent an amount of ` 6,150 as laying charges and material costs.  But in spite of the assurance given by the opposite parties the colour of the tiles changed within one year giving a bad look to the floors.  The matter was reported to 3<sup>rd</sup> opposite party and Mr. Faizal, Sales Executive of 2<sup>nd</sup> opposite party visited the complainant’s house on 2.7.09 and inspected the floors and agreed to do something after discussing with their company.  However after several reminders they have not redressed the grievances of the complainant.  The above said act of the opposite parties is a clear deficiency of service and unfair trade practice, which caused mental agony and financial loss to the complainant and the opposite parties are liable to the complainant for the same.  Hence this complaint for the realisation of ` 93,224 under various heads such as cost for laying new tiles and compensation etc.

                   3. Opposite parties filed their version with the following main contentions:  Opposite parties admitted that the complainant had purchased 13 boxes of red fort rock rustic 400 tiles from the 3^rd opposite party.  Opposite parties are not responsible for the remaining boxes.  Tiles are being manufactured on the basis of batches and there was no agreement for supply of tiles with uniform colour.  There is no chance of change or fading of colour or bleaching of red fort rock rustic tiles.  Opposite parties supplied good quality tiles.  The allegation that the colour of the tiles had changed cannot be believed because there is no chance of happening the same.  On the backside of each tile box there is a written condition that no complainant can be entertained after laying the tiles.  The complainant never made any complaint before laying the tiles.  The compensation claimed is baseless.  With the above contentions, opposite parties prays for the dismissal of the complaint with their cost, as they have not committed any deficiency of service of unfair trade practice.

                   4. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?

                   5. The evidence of this case consists of the oral deposition of the complainant who had been examined as PW1 and Exts.A1 and A2 and C1 and C2.  After closure of evidence, both sides were heard.

                   6. The Point:-  The complainant’s allegation against the opposite parties is that the colour of the floor tiles purchased by the complainant from the 3^rd opposite party was faded within one year from the purchase in spite of the assurance given by the opposite party.  The matter was reported by the complainant.  Thereafter one sales executive visited his house and inspected the tiles and assured that the complainant’s grievances will be settled.  But they have not settled the grievances of the complainant so far.  Therefore, the complainant prays for allowing him to realise an amount of ` 93,224 from the opposite parties for redressing his grievances.

                   7. In order to prove the complainant’s case, the complainant adduced oral evidence as PW1 and Exts.A1 and A2 and C1 and C2 were marked.  Ext.A1 is the retail invoice dated 3.4.09 issued by the 3^rd opposite party in the name of the complainant for the sale of 3 types of floor tiles for ` 75,915 including 13 boxes of Asian red fort rock rustic tiles.  Ext.A2 is a quotation dated 10.3.09 issued by the 3<sup>rd</sup> opposite party in the name of the complainant for ` 1,70,515 including 25 boxes of Asian red rock rustic tiles.  Ext.C1 is the mahazar prepared by the advocate commissioner.  Ext.C2 is the mahazar-cum-report prepared by the expert commissioner.

                   8. Opposite parties contention is that they had only supplied 13 boxes of Asian red fort rock rustic tiles.  The said tiles were of high quality and there is no chance for colour change as alleged by the complainant.  Opposite parties are not responsible for the remaining tiles used by the complainant.  According to the opposite parties, no complaint will be entertained after the laying of the tiles as there is a written condition to that effect on the back side of each boxes.  Therefore according to the opposite parties, the complainant’s claim is not allowable.

                   9. In order to prove the contentions of the opposite parties, opposite parties did not adduced any oral or documentary evidence.  But they have cross-examined the complainant.

                   10. On the basis of the contentions and arguments of the parties, we have perused the materials on record.  According to the complainant as per Ext.A1 and A2, he had purchased 38 boxes of red fort rock tiles from the 3^rd opposite party.  But the opposite parties contention is  that Ext.A2 is only a quotation and they have sold only 13 boxes red fort rock tiles and they have no responsibility for any other tiles, other than the tiles sold as per Ext.A1.  But the opposite parties have not adduced any evidence to substantiate the above contention.  The opposite parties are not prevented from bringing the relevant registers kept by them at their shop showing that they have not supplied any tiles as per Ext.A2.  Therefore, we find that the complainant had purchased 38 boxes of red fort rock rustic tiles from 3^rd opposite party vide Ext.A1 and A2.  The other contention raised by the opposite party is that there is a specific condition printed on the packet of the tiles that no complaints will be entertained after laying the tiles and hence the complainant’s complaint is not acceptable, as he had already laid the tiles.  But the said condition is irrelevant as the complaints are developed and noticed after a lapse of several months from the laying of the tiles.  More over any such printed condition, if any, is intended for any visible defects of the tiles noticed at the time of opening the packets.  So the contention based on the said printed condition raised by the opposite party is not sustainable.  Then comes the question whether the colour of the tiles faded/changed.  In this case, an expert commissioner and an advocate were appointed by this Forum.  They have filed a mahazer and report and  the report and mahazar, were marked as Ext.C1 and C2.  Ext.C1 and C2 clearly shows that the colour of the tiles is seen faded/changed.  The marking of Exts.C1 and C2 was not opposed by the opposite parties or they have not taken any steps for examining the commissioners for substantiating their contentions regarding the change of colour of the tiles.  Therefore, we find no reason to disbelieve the contents of Ext.C1 and C2 except the calculations made in Ext.C2, as the calculations made in Ext.C2 does not tally with the claim of the complainant.  Therefore, we are inclined to accept the allegations of the complainant are true and genuine.  In the circumstances, we find that this complaint is maintainable and allowable with modifications.

                      11. In the result, this complaint is allowed partly, thereby the opposite parties are directed to rectify the defects alleged by the complainant at their cost and to pay an amount of ` 10,000 (Rupees Ten thousand only) as compensation to the complainant within 30 days from the date of receipt of this order, failing which the complainant is allowed to rectify the said defects at his cost and to realise a total amount of ` 65,000 (Rupees Sixty five thousand only) from the opposite parties and in that event complainant is also allowed to realise 10% interest per annum for the said amount from today till the realisation of the whole amount.

                    Declared in the Open Forum on this the 23^rd day of March, 2011.

                                                                                                       (Sd/-)

                                                                                                Jacob Stephen,

                                                                                                   (President)

Smt. C. Lathika Bhai (Member)              :         (Sd/-)

Sri. N. Premkumar (Member)                 :         (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  K.I. Thomas

Exhibits marked on the side of the complainant:

A1     :  Retail Invoice Bill dated 3.4.09 for ` 75,915 issued by the

             3^rd opposite party to the complainant

A2     :  Quotation dated 10.3.09 for ` 1,70,515 issued by the 3^rd opposite 

             party to the complainant.

Witness examined on the side of the opposite parties:  Nil

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

Court Exhibits:

C1     :  Mahazar prepared by the advocate commissioner. 

C2     :  Mahazar-cum-report prepared by the expert commissioner.

                                                                                                (By Order)

                                                                                  Senior Superintendent.

Copy to:- (1) K.I. Thomas, Kulathumkal House, Vayalathala.P.O.,

                     Pathanamthitta – 689 660.

(2) Manager, M/s. Asian Tiles World, Door.No.34/134,

           Edappally, Anjuman Junction, N.H. By Pass, Kochi – 682 024.

(3) Managing Director, Asian Granite India Ltd., 202-Dev Arc, Opp. Iskon Temple, S,G. Highway, Ahmedabad – 15.

(4)  Manager, M/s. Cherian & Co., Ring Road, Pathanamthitta,

            Pin – 689 645.

      (5)  The Stock File.