JUDGEMENT

          Complainant by filing this complainant has submitted that he purchased the Floor Tiles (Viking) of 395x395 m.m. “Bell” amounting to Rs.5,060/- and thereafter complainant again purchased some more floor tiles on 29.11.2011 at cost of Rs.9,400/- on the basis of Tax Invoice No.4725 and further purchased same floor tiles amounting to Rs.1.045/- vide tax invoice No.4730 and in total the complainant purchased the Floor Tiles of Rs.15,505/-  from the op.

          Thereafter the complainant fixed those tiles inside his kitchen and the varanda which is situated in front of the said kitchen on 3^rd floor at 2/1, Gour Das Basak Lane, Kolkata-700007 but after fixing those tiles it was found that those tiles have not been set properly and those tiles are unleveled and not plain as those tiles are defective tiles and the thickness of those tiles were found uneven from one to another marble plates so the entire floor is indeed uneven and not fit for proper use.

          After observing that situation complainant went to the shop of the op and told him about the fact and requested for relief but op did not pay any heed about the complainant’s allegation.  Thereafter complainant on several occasion requested the op for reliefs but op passed days without any relief and denied the defect of the said floor tiles and in the circumstances, complainant has prayed for relief.

          On the other hand op by filing this written statement submitted that the present complaint is not maintainable in view of the fact.  It is vexatious and harassing because after fixing of floor tiles, complainant appeared before this Forum or after completion of floor level in his kitchen and varanda of the complainant went to the op.  But before that the complainant ought to have appeared before the op to show the defect before fixing of the tiles in his house and another factor is that complainant has been using that tiles for varanda or the kitchen, so question of returning or changing does not arise and moreover regarding quality or defect of the floor tiles was never reported to the op by the complainant forthwith at the time of fixing the same on the floor also and in the above circumstances the complaint should be dismissed.

Decision with reasons

          Considering the argument as advanced by the Ld. Lawyers of both the parties and also considering the very version of the op in his written statement in Para-8 (3) we have gathered that no doubt complainant had his scope to meet the op along with some samples of the tiles to show to op that the tiles are uneven and not as per level and another factor is that when the tiles are being fixed by the mansion men of the complainant and when mansion men found that there was defect i.e. tiles are uneven in that case complainant ought to have directed the mansion men to stop work and then and there complainant along with mansion men and along with samples of tiles might have appeared before the op to make such allegation.  But nothing has been done.

          Fact remains tiles have been fixed and set by the mansion men.  Complainant has utilized those tiles and then reported the matter to the op.  Tiles cannot be returned to op after fixation and at the time of removal all the tiles shall be damaged.  Even then if it is accepted that the tiles are uneven or not as per level, in the above situation we may ask the op whether there are certain defects in the tiles, op stated before this Forum that in all cases most of the tiles must be found uneven but it must have set accordingly one after another for making the floor sloping so that the water may pass and if the mansion men does not set properly the tiles as per slope in that case unevenness of the tiles may be found.

          Op has also submitted if complainant would appear before his shop along with some samples of tiles in that case it would be found that unevenness of the tiles in that case invariably op had his scope to change but now the situation has been changed.

          Considering the entire fact and vital aspect also that a reasonable and prudent man shall not believe that at the time of setting the tiles mansion men pointed the defective of the tiles but the complainant even then fixed it with the help of his mansion men without reporting the same though mansion men expressed that the tiles were defective.  But in our mind after considering the entire fact there is one question.  It is fact that all the tiles which are purchased in a packet must not be of same figure or same evenness and the tiles are not always of same level but defective tiles ought to have been separated by the mansion men and same might have been exchanged and that is the procedure.  All the tiles are not uneven but some are found uneven and that might have been changed and it is the common practice of business man tiles as well as to change if it is placed if similar type or designs are in his possession or custody.  But in this case complainant did not take such prompt step for replacement of some tiles which are found uneven in the eye of the mansion men and for that reason op cannot be made condemned.  Op has stated that the complainant has been continuing business with the op for many years but there was no such complaint and op had no desire to deceive the complainant and if it would be placed forthwith there was a chance to meet the situation.  But now the situation is out of control.

          We have minutely considered the entire situation and also no chance or return of the tiles by breaking the entire floor tiles of kitchen and verandah and it has already been set by the mansion men long back and in the above situation we find that the complainant has been using but it might be there are certain portion are uneven.  But we shall have to give the complainant an advice to remove the uneven tiles and fixed even tiles with the other part and for that reason if any tiles are required op shall have to supply it but not for entire floor.  But only bought tiles which are uneven but we are sure that if we pass such order for exchange then complainant shall agree and he wishes to change all the floor tiles.  So to comply all these problems and to solve this matter we are directing the op to pay Rs.2,500/- as deduction of the amount of uneven tiles but no other relief is granted in favour of the complainant.

          In the result, the complaint succeeds.

          Hence, it is

                                                     ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.500/- against the op and op is hereby directed to return Rs.2,500/- to the complainant as deduction of the cost of the uneven tiles and it must be paid within one month from the date of this order failing which op shall be imposed penalty of Rs.5,000/- for non-compliance of the Forum’s order and if it is collected it shall be deposited to State Consumer Welfare Fund.