IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 15thday of December, 2021
Filed on 10-12-2020
Present
1. Sri.S.SanthoshKumar BSc.,LL.B (President )
2.Smt.P.RSholy, B.A.L, LLB (Member)
In
CC/No.321/2020
between
Complainant:- Opposite party:-
Sri.Balakrishnan Nair New Rajastan Marbles
Krishnavilas S.N Puram P.O.
Niranam Vadakkum Bhagam Kanjikuzhi, Cherthala
Thiruvalla (Exparte)
Pathanamthitta- 689621
Rep.by his daughter
Raji Balakrishnan
O R D E R
SMT.P.R SHOLY (MEMBER)
This is a consumer complaint filed under Sec.35 of Consumer Protection Act,2019.
1. Material averments briefly discussed are as follows:-
Complainant had purchased floor tiles for about Rs.1.5 lakhs from opposite party. The complainant demanded vitrified matt finish tiles and the sales person of opposite party showed some tiles and thereby the complainant selected the same and paid the amount. But the products were supplied only after some days and found that they were ceramic tiles. Subsequently found the said files were highly damaged and absorb water on the side and happened discolouration when it was layed in rooms.
2. The defect was found on the tiles of Kajaria Exotic Crema and HD Armora Blue somany companies. The complainant’s daughter had noticed the same having knowledge about the materials as she has been working in the construction field of PWD.
3. The complainant had approached the opposite party, but no results from their part. Sales manager of Kajaria Company inspected their material at the site and promised to pay the layed tiles to the opposite party. But they declined the labour charges for laying and dismantling of the tiles. So many Company also not responded. Hence the complainant filed this complaint through his daughter as a beneficiary of the said product.
4. Notice from this Commission received by the opposite party on 2 occasions ie, on 09.09.2021 for hearing date of 16-9-21 and on 1-11-21 for hearing date of 20-11-21. On 20-11-21 the opposite party was called, absent set exparte.
5. Points to be considered are:-
- Whether there is any deficiency in service on the part of opposite party?
- Whether the complainant is entitled to get relief as claimed in the complaint?
- Reliefs and cost?
-
Complainant’s daughter filed chief affidavit and got marked Ext.A1 to A3.Complainant’s case is that he had purchased tiles of various company viz, Kajaria, somany etc. from opposite party to the tune of about Rs.1,50,000/- when it was supplied to the spot and layed in the room realized that some of the tiles of said companies were defective.Thereafter the complainant approached the opposite party the tile companies for its replacement.But no positive results came out.Hence this complaint filed for refund of Rs.1,01,575/- (One lakhs one thousand five hundred and seventy-five only) as material cost and laying and dismantling of the defective tiles along with Rs.1,00,000/- as compensation for mental agony and Rs.50,000/- as cost of the proceedings.
-
8. Point No.3:-
In the result complaint stands allowed in part.
- Opposite party is directed to refund Rs.1,01,575/- to the complainant being the purchase price of 2 items of defective tiles and labour charges for its laying and dismantling.
- Complainant is entitled Rs.3,000/- as cost of the proceedings.
The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 15th day of December, 2021.
Sd/-Smt. P.R Sholy (Member) :
Sd/-Sri.S.Santhosh Kumar (President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Receipt Voucher & Tax Invoice dtd. 19/11/2020 &25/11/2020
Ext.A2 - Postal Receipts
Ext.A3 - Photographs
Evidence of the opposite parties:-Nil
// True Copy //
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Compared by:-
