BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case No. : 86 of 2018.
Date of Institution : 08.03.2018.
Date of Decision : 30.04.2019.
Jagseer Singh son of Shri Harnek Singh resident of village Phullo Chatha, District Sirsa.
……Complainant.
Versus
1.M/s Durga Steels Sirsa Road, Mandi Dabwali, District Sirsa through its Proprietor/Authorised signatory.
2.J.K.Cement Ltd. Having its Registered office in Haryana at 1002/1, Sector 4/5 Crossing Parkash Puri Chowk, Gurgason-122001 through its Director/Proprietor /Authorized person.
……Opposite Parties.
Complaint Under Section 12 of the Consumer Protection Act.
BEFORE: SH.R.L.AHUJA…………………………PRESIDENT
SH.ISSAM SINGH SAGWAL………… MEMBER
MRS.SUKHDEEP KAUR…………………MEMBER
Present: Sh.G.S.Sra, Adv. for complainant.
Sh.Manik Mehta, Adv. for Ops.
ORDER
The complainant has filed the present complaint with the averments that he had constructed a tubewell diggi in village Phullo and for that purpose he had purchased 100 bags of J.K.cement @ Rs.222.66 (per bag) from Op No.1 vide invoice No.534 dated 18.12.2017. The construction was got done through an experienced meson and during construction proper mixture of cement with other raw material was made and thereafter, the plaster was applied on the walls besides water sprinkling on over walls to make the cement more effective. The complainant had spent Rs.2,90,000/- on the construction of said diggi. The complainant was taken by surprise when he noticed that the adhesive power of the cement was very less and it started crisping and cracking due to its inferior quality. The said diggi collapsed automatically and due to this the complainant could not irrigate his fields and it all happened due to inferior quality of cement. The complainant requested the Ops number of times to visit the spot for inspecting the diggi and to detect the reason for collapsing of diggi but the Ops did not pay any heed. Due to supply of inferior quality of cement by the Ops, the complainant has not only suffered financial loss but also suffered mental agony and shock. The act and conduct of the Ops clearly amounts to deficiency in service and unfair trade practice on their part. Hence, this complaint.
2. On notice, Ops appeared and filed their joint reply wherein it has been submitted that there is no other complaint regarding manufacturing of cement from any corner. The complainant has never contacted the Ops and even he has not submitted any test report of any certificate from which the strength of cement could be found. On the cement bags, all type of identification of brand name, company name, contract number etc. were clearly mentioned and the JK cement is a very good brand and it passes through complete test work before filling up the cement bag. It has been further submitted that it may be possible that the meson of complainant had not mixed the cement with sand, crasher, bajri, stone and other material in proper ratio and even the proper water might not have sprinkled on the diggi after its construction. There is no unfair trade and deficiency in service on the part of Ops as the diggi cannot fall due to error or defect in the cement at any point of time. The present complaint has been filed with ulterior motive and to usurp and extort money from the Ops. Other contentions have been controverted and prayer for dismissal of the complaint has been made.
3. Thereafter, the parties have led their respective evidence.
4. We have learned counsel for the complainant and gone through the material available on the case file.
5. The perusal of the case reveals that the complainant in order to prove his case has filed his affidavit Ex.CW1/A, in which he has reiterated all the averments made in the complaint and has also tendered documents such as invoice Ex.C1, copy of jamabandi Ex.C2 and photographs Ex.C3 to Ex.C5. On the other hand, the Ops have tendered affidavit of Smt.Kamlesh Bansal as Ex.RW1/A, wherein she has reiterated the facts mentioned in the reply and also filed affidavit of Sh.Dinesh Ex.RW/A, who has deposed inconsonance with the reply and the Ops have also tendered document Test Certificate Ex.R1.
6. The perusal of the complaint reveals that the complainant has filed this complaint with a specific allegation that he had purchased 100 bags of JD cement from Op No.1 on 18.12.2017 in order to carried out construction of tubewell diggi from an experienced meson after following all the follow up constructions norms and spent Rs.2,90,000/- on the construction of the tubewell diggi but after the construction of the said diggi, the complainant found that the adhesive power of the cement was very much less as the whole meson work done on the diggi started crisping, cracking on the cement body and due to inferior quality of cement, the said diggi collapsed automatically and he suffered a loss due to non irrigation of crops. The perusal of the evidence of the complainant reveals that the complainant has not placed on record any opinion of the expert, who has ever tested the strength of cement which he has purchased and used in the construction of the tubewell diggi. The complainant has also not placed on record any report of the analyst lab or any document to show that he ever sent any cement out of the same bags purchased by him from the Ops. He has no lead any other cogent and convincing evidence from which it could be presumed that the construction of diggi collapsed due to low adhesive strength of the same, which was purchased by the complainant from the complainant.
7. In view of the above discussion, we hereby dismiss the present complaint being devoid of any merits. The parties are left to bear their own costs. A copy of this order be sent to both the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:30.04.2019. District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
DCDRF, Sirsa DCDRF, Sirsa
