O R D E R

A. Rajesh, President.

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

Impressed and carried away by the claims published in the booklet, the complainant purchased 160 numbers of tiles from the opposite party on 09-12-2008 by paying an amount of Rs. 5,966/-. He has purchased the tiles for the purpose of laying them in the car porch. Again on 2 occasions, he purchased 13 and 17 numbers of tiles to cover up the shortage. He had spent a total sum of Rs. 9,082/- towards costs of the tiles. The tiles were laid as advised by the opposite party. Within a few days of laying the tiles, the colour started fading, certain marks and dots and cracks developed on the tiles. Time and again, the complainant intimated the matter to the opposite party. Though the sales executive of the opposite party inspected the tiles on 21-03-2009 and took photographs of the same he did nothing to cure the defects. The complainant caused to issue a lawyer notice to the opposite party to pay a sum of Rs. 16,007/- together with compensation of Rs. 25,000/-. The opposite party offered to polish the tiles at their expenses. But the same would not improve its inferior quality. So the complainant rejected the same. In the meantime, the opposite party sent a reply notice raising untenable contentions. The complainant had to incur Rs. 4,125/- as cost of cement and other materials and Rs. 2,800/- as laying charges. Thus, the complainant is before us seeking direction against the opposite party to pay Rs. 16,007/- with 12% p.a. together with compensation of Rs. 50,000/- and costs of the proceedings.

2. Version of the opposite party :

The complainant is not a consumer, since he has not availed any service for consideration. The opposite party admits that they have sold tiles worth Rs. 9,082/- to the complainant. The complainant had not complied with any of the instructions given in the booklet while laying the tiles. The complaint lodged by the complainant was promptly attended to by the opposite party. No guarantee was provided by the opposite party to the tiles. The alleged damage has occurred due to the improper laying of the tiles by unexperienced and incompetent workers engaged by the complainant. The opposite party is not liable to pay any amount to the complainant. The opposite party requests to dismiss the complaint.

3. The complainant was examined as PW1 and Exts. A1 to A11 and MO's 1 and 2 were marked. Neither oral nor documentary evidence was adduced by the opposite party. Heard the counsel for the parties.

4. The points that came up for consideration are :-

i) Whether the complainant is entitled to get a sum of

Rs. 16,007/- from the opposite party?

ii) Compensation and costs of the proceedings?

5. Point No. i) :- Admittedly, Exts. A2 and A3 go to show that the complainant had purchased the tiles under dispute from the opposite party at a total price of Rs. 9,082/-. According to the complainant, the tiles supplied by the opposite party is defective and of sub-standard quality and varying from the goods provided. However, the opposite party vehemently contended that the alleged defects have been caused due to the improper laying of the tiles. During evidence, the complainant deposed that the fading of colour has been caused after laying the tiles and he has laid the tiles after providing sufficient slope as directed by the opposite party. During evidence, the complainant has produced unused tiles of the lot as MO's 1 and 2 in this Forum which also suffers from discolouration. Ext. A11series (4 in numbers) photographs would show that the laid and unlaid tiles suffer from the very same defect which goes to show that the tiles supplied by the opposite party suffers from inherent manufacturing defect. Moreover, the opposite party neither adduced any evidence nor mounted the box to support his claim before this Forum. According to the complainant, he had to expend a sum of Rs. 4,125/- towards costs of the materials and Rs. 2,800/- towards laying charges. It is pertinent to note that the complainant would have to expend a further amount of Rs. 4,125/- for laying of fresh tiles to replace the same to rectify the defects. In view of the above, we are of the opinion that the opposite party is liable to refund the price of the tiles together with costs of the materials and laying charges to the complainant.

6. Point No. ii) :- Since the primary grievance of the complainant has been met squarely, we order no compensation. Nevertheless, the adamant attitude of the opposite party compelled the complainant to approach this Forum to get his grievances redressed, costs is called for fix it at Rs. 1,000/-.

7. In the result, we partly allow the complaint and direct that,

1. the opposite party shall pay a sum of Rs. 16,007/- to the complainant for the reasons stated above.

2. costs is award at Rs. 1,000/- on the case.

3. the prayer for compensation is compensated with the allowance of the opposite party to salvage the tiles said to be laid the removal of which and transportation and wherewithal at their own cost.

4. 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 above amounts shall carry interest at the rate of 12% p.a. till payment.

Pronounced in open Forum on this the 31^st day of May 2011.