JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.        Learned counsel for the parties present.  Arguments heard.

2.      The complainant, Shri Abdul Hameed purchased granite slabs and marble slabs from the Proprietor, New Rajasthan Marbles, opposite party No. 1.  Learned counsel for the complainant submits that there is no dispute regarding the marble slabs, however, the granite slabs of worth Rs.2,30,400/- were found to be defective.

3.      Both the fora below found that the said goods are defective.  It further finds support from opinion of the expert commissioner, who has given a detailed report and came to the conclusion that these goods were not natural but synthetic.  It was also found that the colors of the slabs were seen faded especially when sunrays or intense light beams were falling.

4.      The District Forum awarded a sum of Rs.50,000/- to the complainant and the State Commission enhanced it to Rs.1,00,000/-.

5.      We have heard the learned counsel for both the parties.

6.      We are of the considered view that these granite slabs are of no use for the complainant.  The complainant was taken for a ride by the opposite parties.  Considering all the facts and circumstances and the fact that the complainant has used the slabs for the last 8 years, we order that the said granite slabs be returned to the opposite party No. 1

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and the opposite party No. 1 would pay the whole amount of Rs.2,30,400/- to the complainant.  The complainant is not entitled to any interest or compensation because he has used the said slaps for the last 8 years.

7.      Consequently, the revision petition is accordingly disposed of.

8.      As agreed, the slabs be collected from the residence of the complainant within a period of 3 months but the opposite party No. 1 will deposit the said amount i.e. Rs.2,30,400/- with the District Forum within two months from today, which will be released in favour of the complainant after the compliance of this order.  Learned counsel for the respondent No. 1 submits that he has already deposited an amount of Rs.1,00,000/-.  Out of this, Rs.50,000/- has been deposited with the District Forum and Rs.50,000/- has been paid to the complainant.  The District Forum will release it in favour of the complainant after our order is complied with.