Complainant by filing this complaint has submitted that complainant being a Head Master of a High School for the purpose of construction and decorating of his residential house purchased seven types of tiles from the ops on 23.05.2014 after making full payment i.e. Rs. 23,800/- against proper receipt vide Challan No. 751 dated 23.05.2014 and at the time of purchase, op took the responsibility to deliver the said tiles to the house of the complainant through transporter of the ops and accordingly ops as per voucher receipt must have to deliver five boxes of tiles namely Johnson 450X300 Tartan Olay what the complainant purchased.  But at the time of delivery, Johnson 450X300 Tartan Ochre is supplied in place of Johnson 450X300 Tartan Olay.  Immediately the matter was informed to the op over telephone by the complainant and even the complainant asked the transporter to bring back those tiles i.e. Johnson 450x300 Tartan Ochre along with other tiles but the transporter refused to take back the same.

          On the very next day, complainant reported the matter to the shop of the ops and requested the op to change the said tiles.  But op assured the complainant that those tiles would be changed but it was not done.  Though complainant on several occasion asked the ops for replacement and further op took Rs. 4,112.50 paisa for five boxes instead of Rs. 3,612.50 paisa for five boxes and in this regard complainant sent a lawyer’s notice what op received on 08.07.2014 but no step has been taken by the op and by that way op has harassed the complainant for which the present complaint is filed.

          On the other hand op by filing written statement submitted that when the op no.1 was informed over phone about wrong delivery of five boxes of tiled of Johnson 450x300 Toartan Ochre make instead of Johnson 450x300 Tortan Olay make he accepted his said mistakes over phone and readily agreed to replace the said wrong five boxes of tiles of Johnson 450x300 Tortan Ochre with Johnson 450x300 Tortan Olay and to that effect op requested the complainant to send back wrong box of tiles and he would replace it with the correct one but complainant instead of complying to his said request filed this complaint seeking not only the supply of correct boxes of tiles of Johnson 450x300 Tortan Olay make but also compensation etc. with some malafide intention and in fact the price of both the tiles are same and had the op any intention to deceive the complainant in that case inferior quality of tiles beyond to this delivery. 

          But fact remains that it is a mistake of his labour of the godown that was admitted by the op.  But complainant without any reason appeared before this Forum.  So, op has prayed for directing the complainant to receive the same by replacing and for dismissal of the case.

Decision with reasons

          On proper consideration of the complaint, written version and also considering the entire materials on record including the argument as advanced by the Ld. Lawyer of the op and himself we have gathered that op is frankly admitted that it was a mistake and in fact the price of both the tiles group is same and due to fault of their labourers of the godown it happened and op has stated that he is always ready to return the tiles but complainant did not turn up along with 5 boxes for his replacement.

          So, considering that fact we have gathered that practically complainant did not go to the shop of the op along with five boxes for replacement and nowadays it has become a practice of the consumer to get some money as compensation and for which this complaint was filed.  When the complainant is a Head Master who shall have to teach the honesty, integrity, dignity etc. to the students has not shown his dignity before this Forum.  If it is admitted that op assured that he shall replace, invariably it was the duty of the complainant to appear before that shop of the op along with the said five boxes of tiles but that was not done.

          So, apparently we do not find any deficiency of service or negligent manner of service on the part of the op and op has admitted that his labourer who was in the godown wrongly placed the said tiles and it is undisputed fact that quality of both the tiles are same and price of the tiles are also same.  But complainant has tried to convince that price of the said tiles is fabricated and to that effect that there is no evidence or materials.

          In the above circumstances, we are disposing of the complaint on consent of the op and also on admission of the op.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed on admission of the op but op shall have to pay a cost of Rs. 2,000/- because when complainant as Head Master appeared before this Forum for relief and he has spent some money.  So, op shall have to pay Rs. 2,000/- as litigation cost of this case.

          Complainant is directed to place the five boxes of Johnson 450x300 Toartan Ochre in the shop of the op and as soon as it shall be placed by the complainant in the shop of the op, op shall have to forthwith supply Johnson 450x300 Toartan Olay of five boxes without any delay and in this regard a receipt shall be collected by the op from the complainant and complainant shall issue such receipt and at the time of exchange, op shall have to pay Rs. 2,000/- and after taking the said amount complainant shall issue a receipt in favour of the op.  No further order is passed in view of the fact and the order shall come into effect as soon as complainant shall appear before ops’ shop along with 5 boxes of Johnson 450x300 Tortan Ochre and invariably op shall comply the order very strictly and shall have to pay the litigation cost of Rs. 2,000/- also and after exchange both the parties are directed to report before this Forum after one month whether the matter has been settled accordingly or not.