BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 19/03/2011

Date of Order : 30/06/2011

Present :-

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 161/2011

Between

And

O R D E R

C.K. Lekhamma, Member.

1. Brief facts of the complainant's case are as follows :

The complainant purchased the roofing materials on 16-12-2010 from the opposite party. After three weeks, the complainant noticed that one sheet used for the roofing has got corroded. The same was intimated to the opposite party over phone, they replied that they cannot give any guarantee for the materials supplied. Thereafter, the complainant sent a written request to the opposite party. But they did not take any steps to repair or to replace the damaged sheet. Hence the complainant filed this complaint for the following reliefs sought for against the opposite party:

1. To replace and lay (fix it one the roof) with new good sheet or the amount to be returned equivalent to the claim.

2. Cost of troughed sheet (as per Invoice) = 1014.00

3. To and fro transportation charges (400 x 2) = 800.00

4. Dismantling and refixing charges Labour charges = 950.00

5. Purchase of new sheet = 1130.00

6. Mental agony and harassments = 1000.00

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Total = 4894.00

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2. The complainant appeared in person. Though notice was issued to the opposite party, they remained absent. The complainant examined as PW1. Exts. A1 to A2 were marked on his side. Thereafter, we have heard the complainant.

3. The points that arose for our determination are :-

1. Whether the complainant is entitled to get refund of the price of the goods in question or not?

2. Compensation , if any?

4. Point Nos. i) and ii) :- The complainant purchased the defective 30X6100 BR/GY troughed sheet as per Ext. A1 tax invoice dated 16-12-2010. Ext. A2 is the letter dated 21-01-2011 issued by the complainant to the opposite party. According to the complainant, one of the sheets used in the roof has got corroded within a short span of time. And the opposite party was not ready to replace the same.

5. There is no other contrary evidence is before us to disbelieve the case of the complainant. The opposite party failed to substantiate their case. No evidence is before us to show that who is the manufacturer of the disputed goods. Since the opposite party failed to disclose the name of the manufacturer, we think that the opposite party is liable to refund the price of the product under dispute to the complainant. As per Ext. A1 invoice, the price of the 11 Nos. of sheets is Rs. 11,151.64. Therefore, the price of one sheet ie, Rs. 1,014/-. Hence the complainant is entitled to get the price of one sheet at Rs. 1,014/- from the opposite party. The opposite party is at liberty to dismantle the disputed sheet at their own expenses and cost. The opposite party is also liable to pay Rs. 1,000/- to the complainant as refixing charges of the sheet.

6. In the facts and circumstances of the case, the complainant is entitled to get compensation from the opposite party. The opposite party ought to have settled the dispute at the beginning. We fix it at Rs. 1,000/-. But we are not ordering any cost, since we have already ordered compensation.

7. Accordingly, we allow the complaint and direct that,

1. the opposite party shall refund Rs. 1,014/- being the price of the disputed material to the complainant and also liable to pay Rs. 1,000/- as refixing charges.

2. the opposite party shall also pay Rs. 1,000/- as compensation to the complainant. In that event, the opposite party is at liberty to take the disputed sheet at their own cost without causing any damage to the other roofed materials.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the opposite party shall pay interest at the rate of 6% p.a. till realisation.

Pronounced in open Forum on this the 30^th day of June 2011.