Date of Complaint : 16/01/2015

                                  Date of Disposal :11/06/2015

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

  ORDER BY SRI.V.A. PATIL, PRESIDENT

O R D E R

          The complainant has filed this complaint alleging the deficiency of service and unfair trade practice adopted by the opponent. 

       The brief facts leading to this complaint are;

1. The complainant is constructing the residential house at Bangalore and the entire work of construction is entrusted to “M/s Anand Associates” at Bangalore.As the complainant who was in need of wood for doors and windows approached the opponent for his needs.Accordingly as per the talks between himself and opponent the opponent agreed for supply of the required materials to the complainant.The complainant made the payment of Rs.1,56,000/- (Rupees One lakh fifty six thousand only) to the opponent through cheque drawn on Corporation Bank, Somwarpet Branch bearing No.393492, dated 25/01/2014 towards the cost of the wood.Subsequently the opponent supplied the required materials.Further it is admitted by the complainant that at the time of fixing the doors and frames the planks were plain without damage.But subsequently it is observed that the doors and windows panels started cracking at several parts.On enquiry the complainant came to know that the wood supplied by the opponent is of inferior quality and not a seasoned wood.The complainant requested the opponent to inspect the same and accordingly the opponent visited to the construction site on 18/05/2014 and found the defect in the wood supplied by him and assured to replace the same within seven days, but failed to supply the same even after lapse of long times.Hence, complainant issued the legal notice to the opponent on 02/09/2014 which is served on him on 09/09/2014.Inspite of the receipt of the same the opponent neither replied for the same nor complied the demand of the complainant.

    

2. It is also submitted that the complainant spent the huge amount towards the removal of the defective frames and panels and towards purchase of new wood for frames and panels and reconstruction of the walls etc.

    

3. Subsequently as the opponent vehemently refused to supply the superior quality seasoned wood the complainant approached this Forum seeking the remedy for his redressal.

    

4. As usual after registering the case the notice was forwarded through this Forum, which was refused by the opponent.Hence, the service of notice held sufficient and the opponent placed “exparte”.

    

5. Hence, on perusal of the complaint and the documents submitted by the complainant the following points arise for our consideration are;

    

6. Whether the complainant proves the deficiency of service on the part of the opponent?

    

7. Whether the complainant is entitled for the reliefs sought for in the complaint and what order?

    

8. The findings on the above points are as follows;

          Point No.1 : - Affirmative

          Point No.2 :-  As per the order

    

9. Point No.1:- It is the case of the complainant that he had entered in to an agreement with opponent for supply of wood for the construction of his house.  As the opponent has not supplied the seasoned quality wood the complainant suffered much and he has spent large amount of money towards purchase of new wood and for demolishing and reconstructing of the walls and sajjas.

    

10. The affidavit coupled with the documents submitted by the complainant in the case, discloses that the complainant had paid the amount through cheque to the opponent towards the consideration for purchase of wood and the same is encashed by the opponent.The opponent who is dealing with the wood business is the only competitive authority to speak about the quality of the wood.Subsequently supplied the inferior quality wood and finally refused to replace the same, which clearly shows the deficiency of service on the part of the opponent.The contents of the complaint, coupled with the evidence – affidavit are neither challenged nor rebutted by the opponent in any manner, as the opponent remained absent inspite of the notices.Hence, the contents of the complaint and the affidavit are remained unchallenged.

     

           In view of the afore said reasons we are of the opinion that the complainant has established his case as made out in the complaint.  Hence point No.1 is answered affirmative.

     

11. Point No.2:- The complainant is entitle to receive back the sum of Rs.1,56,000/-(Rupees one lakh fifty six thousand only) paid to the opponent towards the sale consideration (or less the appropriated amount for return of the old wood if any) along with costs incurred for refixation of the frames and panels to the extent of Rs.77,000/- (Rupees seventy seven thousand only).  The bill issued by the “Anand Associates” is not the conclusive proof for purchase of new wood.  Hence, it is disallowed. 

     

12. In view of the reasons and findings recorded on points No.1 and 2, we hold that, the complaint deserved to be allowed in part in the ends of justice.Hence, in the final result we proceed to pass the following ;

     

    O R D E R

     The complaint is allowed in part.

13. The opponent is directed to pay the sum of Rs.1,56,000/- (Rupees one lakh fifty six thousand only) or less the amount of returned wood if any, along with interest at the rate of 12% per annum from the date of receiving the cheque i.e., from 25/01/2014 and the costs incurred by the complainant for refixation of the frames and reconstruction work to the extent of Rs.77,000/- (seventy seven thousand only).

14. The opponent is directed to pay the sum of Rs.5,000/- (Rupees five thousand only) towards mental agony and a sum of Rs.2,000/- (Rupees two thousand only) towards the cost of the proceedings.The opponent is directed to comply with the order within 30 days from the date of receipt of the copy of this order and failure to comply with the order supra within 30 days the opponent is liable to pay interest at the rate of 10% per annum on the sum of Rs.7,000/-(Rupees seven thousand only) from the date of this order till the date of full realization.

15. The complainant is also at liberty to proceed with the case as per the law proves.

16. Issue certified copies of this order at free of cost to the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this  11^th day of June 2015)