By Jayasree Kallat, Member:

            The petitioner Mrs. Prabha.K. has filed a petition on 17-12-09 before the Forum alleging deficiency in service and unfair trade practice on the part of opposite parties.  Complainant’s husband and complainant together had bought tiles worth Rs.23999/- from the opposite parties.  Opposite party-1 is the authorized agent of opposite party-2, the manufacturer.  The tiles became defective and colour started to fade within six months of buying the tiles.  Opposite party was informed of these facts.  Even though opposite party visited and inspected the tiles they did not take necessary steps to rectify the defects.  Hence this complaint.

            Notice was sent to both opposite parties-1 and 2.  Both opposite parties-1 and 2 received the notice but failed to appear before the Forum.  Hence after 5 postings opposite parties-1 and 2 were called absent and set exparte.  Complainant had filed affidavit.  Complainant was examined as PW1 and Ext.A1 is the bill for Rs.23999/- and Ext.A2 is the copy of the cover of the tiles.  The case of the complainant is that the tiles bought from opposite party-1 the agent of opposite party-2 were defective.  Within six months of buying the tiles colour started to fade.  Complainant informed this fact to the opposite parties.  Opposite party had inspected the tiles, but did not take any steps to rectify the defects.  Ext.A2 is the copy of the cover of the tiles which shows that it is a product from Ajanta Quartz.  It is also written vitrified tiles qualifying European.  Complainant is alleging d3eficiency in service and unfair trade practice on the part of opposite parties.  A perusal of Ext.A2 would show that opposite party has given wide publicity regarding the quality of maintenance of the tiles.  Scratch resistant- Resistant to acid and alkalis- Stain resistant- Joint free- Maximum uniformity of shade and design.  From the evidence it has come out that opposite party-2 did not keep up to their promise which they had given in Ext.A2 the cover of the tiles.  The evidence and Exhibits show that the opposite parties were engaged in doing unfair trade practice.  Hence we are of the opinion that the complainant is entitled to get back the cost of the tile.

            In the result the petition is allowed and the opposite parties are directed to refund an amount of Rs.23999/-, cost of the tile along with a compensation of Rs.1000/- to the complainant within one month from the date of receipt of copy of the order.

Pronounced in the open court this the 26^th day of May 2010.

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

APPENDIX

Documents exhibited for the complainant.

A1.  Photocopy of Invoice dt. 20-8-07 issued by 1^st O.P. to the complainant.

A2.  Photocopy of cover.

Documents exhibited for the opposite party.

            Nil

Witness examined for the complainant:

PW1.  Prabha.K. (Complainant)

Witness examined for the opposite party.

            None

                                                                        Sd/- President

                        // True copy //

(Forwarded/By order)

SENIOR SUPERINTENDENT.