Punjab

StateCommission

A/1541/2014

Gur Gian Singh Killiwala - Complainant(s)

Versus

New Vicky Cement Store and another - Opp.Party(s)

Mandeep Singh Sodhi

20 Jan 2015

ORDER

2^nd Additional Bench

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB

DAKSHIN MARG, SECTOR 37-A, CHANDIGARH

 

First Appeal No. 1541 of 2014

                                                           

                                   Date of institution: 26.11.2014  

                             Date of Decision:   20.1.2015

 

Gur Gain Singh Killiwala S/o Surjan Singh, R/o Prem Nagar, Kotkapura, Tehsil Kotkapura, District Faridkot.

…..Appellant/Complainant

                                      Versus

1. New Vicky Cement Store, Moga Road, Kotkapura through Proprietor Daljit Singh.
2. Bangur Cement (SCL-Unit III) Works, VPO Raspin 406107 Tehsil Jitara, Distt. Pali (Rajasthan).

…..Respondents/OPs

 

First Appeal against the order dated 9.9.2014 passed by the District Consumer Disputes Redressal Forum, Faridkot.

 

Quorum:-

 

              Shri Gurcharan Singh Saran, Presiding Judicial Member

              Shri Jasbir Singh Gill, Member

              Mrs. Surinder Pal Kaur, Member

Present:-

 

          For the appellant             :         None.

Gurcharan Singh Saran, Presiding Judicial Member

ORDER

The appellant/complainant (hereinafter referred as “the complainant”) has filed the present appeal against the order dated 9.9.2014 passed by the District Consumer Disputes Redressal Forum, Faridkot(hereinafter referred as “the District Forum”) in consumer complaint No.27 dated 19.2.2014 vide which the complaint filed by the complainant was dismissed.

2.                The complaint was filed by the complainant under the Consumer Protection Act, 1986 (in short ‘the Act’) against the respondents/opposite parties(hereinafter referred as ‘the Ops’) on the allegations that he purchased 20 bags of Cement from the opposite party vide bill No. 340 dated 4.12.2013. He purchased 60 bags vide bill No. 350 dated 18.1.2013 and used the same as per the instructions given by OP No. 1. The lintel of his house was constructed by trained Masson on 18.12.2013 but when the shuttering was removed on 11.1.2014 immediately the roof had fallen down. As such, he suffered a loss of more than Rs. 8 lacs. He approached the OP to indemnify the damage but with no effect. Then he served a legal notice but they did not pay any compensation. Hence, the complaint.

3.                The OP contested the complaint stating that it was not maintainable as there was no deficiency on the part of OP No. 1 as there was no evidence with regard to selling poor quality of the product. It had not been explained how he calculated the amount of Rs. 7 lacs. Otherwise it was admitted that 40 bags of cement were purchased by the complainant vide bill dated 4.12.2013 and 18.12.2013. All other allegations in the complaint were denied.

4.                Similar pleas were taken by OP No. 2.

5.                The parties led their respective evidence before the learned District Forum.

6.                After going through the allegations in the complaint, written replies filed by the OPs, evidence and documents brought on the record, the complaint was dismissed on the plea that the complainant has not proved any test report that the cement used in the lintel was of poor quality. There can be number of reasons in case the lintel had fallen down i.e. ratio of the material, the manner in which it was constructed. The other material used in the lintel i.e. gravel and iron rods, therefore, the learned District Forum did not see any merit in the complaint and it was dismissed.

7.                After filing the appeal, the counsel for the appellant did not appear before this Commission on 8.12.2014. The appeal was again referred to 14.1.2015 but again counsel for the appellant did not appear.

8.                We have gone through the grounds of appeal taken by the appellant in his appeal. It has been alleged in the appeal that the learned District Forum has not properly appreciated the evidence on the record. No doubt that the opposite party had issued two bills of 20 bags each but he had purchased another 60 bags for which no receipt was given. The shuttering was fixed by trained Masson, there can be no other reason for falling of the lintel except the poor quality of the cement, therefore, the findings so recorded by the learned District Forum are liable to be set-aside.

9.                The purchase of cement has not been denied, although there may be difference in the number of bags as alleged by the complainant and replied by the Ops but the core question for decision is whether the cement so purchased by the complainant from the opposite party is of poor quality. As per the allegations in the complaint, the cement used in the lintel of house of the complainant and after a gap of about 14 days, when the shuttering was opened lintel fell down. However, after falling of the lintel, the sample of the cement was not sent to any laboratory to check it whether it was of a poor quality or was of standard quality. Merely because of the fact that lintel of the house had fallen, the findings cannot be recorded that the cement was of poor quality because in the lintel not only cement is used, Sand, Gravel and Iron Rods are used and its proper fixation is necessary. There is no report of any Engineer immediately after falling of the lintel what was the actual cause for falling of the lintel, therefore, in the absence of sufficient evidence on the record, we cannot say that the lintel had fallen down only because of the fact that the cement was of poor quality.

10.              We are of the opinion that the order so passed by the learned District Forum is justified. We do not find any point for admission of the appeal, the same is hereby dismissed in limine.

11.              The arguments in this appeal were heard on 14.1.2015 and the order was reserved. Now the order be communicated to the parties as per rules.

 

(Gurcharan Singh Saran)

Presiding Judicial Member

 

 

      (Jasbir Singh Gill)

                 Member

 

 

January 20, 2015.                                                                                                                                                         (Surinder Pal Kaur)

as                                                                                                                                                                                     Member