KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.439/09 JUDGMENT DATED 6.5.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.M.K.ABDULLA SONA -- MEMBER K.J.Varkey, S/0 late K.v.Joseph, -- APPELLANT Karimpanal House, Koovappally.P.O, KoovappallyVillage, Kottayam District. (By Adv.J.Suresh kumar) Vs. M/s.Sakthi Tarpaulins, N.H.Kandoth, Payyannur, Kannur District reptd. by its -- RESPONDENT Proprietor Sebastian Antony, S/o Antony, Kalathiparampil, Vilayamkodu.P.O, Kadannappally Kara KadannappallyVillage, Kannur Taluk. (By Adv.S.Gowri Antherjanam) JUDGMENT JUSTIE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the complainant in CC.294/06 in the file of CDRF, Kannur. 2. The case of the complainant is that he purchased two pieces of Tarpaulin for a sum of Rs.19,671/- on 26.11.05 from the opposite party. According to him he has spent another sum of Rs.30,000/- for transporting and laying the same in his estate. But within one month period itself, defects were noticed and he intimated the opposite party over phone and through his employees several times. The opposite party did not take care to attend the complaint or to replace the materials. Lawyer notice was issued on 7.7.06. Still no efforts were made by the opposite party to settle the matter. According to him he sustained a loss of Rs.50,000/-. 3. The opposite party contended that the manufacturers are necessary parties. According to them the materials are supplied in bulk to the opposite party and they only cut the sheets to different sizes as preferred and side edges are pressed and holes made to suit the requirements of the customers. According to him, the manufacturer ie; Supreme Industries Ltd, Mumbai is liable. He has also specified that the complainant is not entitled to get any amount in excess of the price of the Tarpaulins. It is contended that the complainant is not entitled to expenses said to have been incurred. Even the price has to be recovered from the manufacturer. 4. The evidence adduced consisted to the testimony of PW1, DW1, Exts.A1 to A4, B1 and MO1. 5. The Forum has dismissed the complaint on the ground that it appeared that the complainant has not informed the opposite party as to the purpose for which the materials are to be used. It was brought out that the Tarpaulin were purchased for storing water. The evidence of the opposite party is that for storing water Tarpaulin with a higher GSN is required. It was on the above ground that the complaint was dismissed. 6. We find that the opposite party has no such case in the version filed. The case of the complainant that the opposite party did not care to attend the complaints made by him several times stands not denied. Being a dealer and making profit in selling the goods the opposite party cannot totally deny any liability on his part with respect to the articles supplied and the consumer cannot be forced to have the remedies only against the manufacturer who is having his units and office in some other State. It is the duty of the dealer to see that the goods sold by him are of good quality or of the promised quality. If there are more varieties of Tarpaulins it was the duty of the dealer to find out for what purpose the particular material is being purchased. In the circumstances, it is more likely that the complainant would have conveyed the purpose for which he wanted the material. More over, in the instant case the opposite party has somewhat admitted that the complainant is only entitled to get the purchase price of the Tarpaulin (First sentence in Para 1 of the version). In the circumstances, we find that the complaint is not liable to be dismissed on the ground of non-jointer of the manufacturer. 7. In the circumstances the appeal is allowed. The order of the Forum is set aside. The opposite party is directed to pay a sum of Rs.19,671/- being the price of the Tarpaulin to the complainant with interest at the rate of 9% per annum from the date of the complaint and cost of Rs.1000/-. The office is directed to forward the LCR to the Forum along with the copy of this order. JUSTICE K.R.UDAYABHAN -- PRESIDENT M.K.ABDULLA SONA -- MEMBER | 
