J U D G E M E N T

(As per Mrs. Varsha R.Bale, Member)

Brief facts :

1. It is the case of the Complainant that he had placed an order with Opposite Party for the purchase of Pavers (aproximately. 250 sq. mts.) at a total cost of Rs.1,05,000/- on 05/11/2012. That as per the terms of the said order, the Complainant paid the Opposite Party a sum of Rs.48,800/- as advance and the balance amount was to be paid on receipt of the consignment of Pavers which were to be delivered to him within a period of one month from the date of the order.

    

2. That after about 30 days, the Opposite Party delivered the Pavers to him. However, even before the same were unloaded at his residence, the same were cracking and breaking. The Complainant therefore, paid the sum of Rs. 30,000/- to Opposite Party and withheld the balance sum of Rs. 29,181/- with the agreement that the same would be paid to Opposite Party after the said pavers were replaced.

3. That meanwhile, the Complainant began getting the said pavers fixed at his residence, wherein he noticed that many of the pavers were breaking while fixing and after fixing. He therefore, contacted the Opposite Party and informed him that pavers were wrongly fixed and that their deputed person would personally oversee the fixing of the same. That all the pavers were removed and refixed under the guidance of the Opposite Party’s deputed person, Mr. Gautam.

    

4. That the Opposite Party verbally assured the Complainant that the said pavers can withstand a weight of upto 4 tons, however, the said pavers broke, and cracked and got discolored without any weight whatsoever being placed upon them. Therefore, the Complainant addressed an email to Opposite Party dated 05/01/2013 requesting Opposite Party to take the said pavers back. The Opposite Party neglected even to reply to the said email.

5.That the Complainant is presently in possession of aproximately 20 sq. mts. of pavers in various stages of damage, i.e. cracked, chipped, discolored, broken and fully broken. He made several requests to the Opposite Party to replace all the said pavers as they are of sub-standard quality or in the alternative to refund his payment and take back the pavers, the Opposite Party neglected to it. The Complainant addressed a legal notice to Opposite Party dated 18/01/2013. The Opposite Party replied to the same on 28/02/2013, alleging that the contents of the notice were false. Therefore, the Complainant approached before this court.

6. The Opposite Party were duly served but inspite of opportunity did not file written version and marked ex-parte on 27/03/2014.

7. Perused the Complaint, document, affidavit in evidence and written argument filed by the Complainant, Arguments heard, Adv. Suneet D’Mello argued on behalf of Complainant.

8.The the issues before us are whether there is any deficiency in service on the part of Opposite Party and whether the Complainant is entitled for replacement of pavers and any compensation from Opposite Party?

9. It is to be noted that the Opposite Party has not raised any defense before this Hon’ble Forum and failed to file written version to defend them. It clearly means that the Complaint filed by the Complainant is undisputed. Secondly, the document on which the Complaint has relied upon clearly shows the negligence on the part of the Opposite Party. The pavers are seen cracked, broken and discolored in the photographs produced by the Opposite Party. Even though the Opposite Party through their Adv. replied to the legal notice sent by the Complainant failed to prove their case by not appearing before this court. This proves that the Opposite Party had supplied the defective pavers to the Complainant.

10. That the Opposite Party also failed to replace the defective pavers supplied by them This is the negligence on the part of the Opposite Party.

We are of the opinion that the Complainant had to face inconvenience and mental agony due to Opposite Party. There is deficiency in service on the part of the Opposite Party

In the circumstances and for the reasons discussed above, we pass the following

ORDER

The Complaint is allowed with following reliefs:

1. The Opposite Party is directed to refund the amount of Rs. 78,800/- received by the Opposite Party from the Complainant with interest @ 12% p.a. from the date of receipt till final payment.

    

2. The Opposite Party is also directed to pay compensation of Rs. 50,000/- and cost of Rs.10,000/- to the Complainant.

Pronounced in open court. Proceedings closed

                                                                                                                                                              (Sanjay M. Chodankar)

                                                                                                          President

(Varsha R. Bale)

                                                                                                        Member

        (Auroliano De Oliveira)              

                                                                                                        Member