The complainant on 28/7/16 purchased tiles from M/s Arif Enterprise who were the dealer of KMG Ceramics Pvt Ltd at Kaliachak the opposite party number 1 and 2 respectively, for a sum of Rs 62,400/- including tax as applicable.

As the complainant was making construction the representative of OP no1. persuaded the complainant to purchase the tiles of KGM Ceramics the OP no2.herein for his construction work .

 On persuasion the complainant agreed to purchase tiles of OP no2 being the manufacturer, from OP no1.the dealer and seller. Within seven to ten days of fitting the tiles the tiles turned black and mould formed on the tiles.

The complainant requested the OP no1.to replace the tiles and there after contacted the OP no2 for further solution but the opposite parties did not put forward any solution rather they misbehaved with the complainant.            

The complainant finding no other alternative made a complaint before the Consumer Affairs Department on 12/09/17 but the mediation did not bring about any fruitful result, hence this case.                

The summons of the case were duly served  upon the opposite parties but none of the parties entered appearance to contest the case as such the case is heard Ex-parte against the opposite parties.

                                                                ::POINTS FOR DISCUSSION::

1) Whether there is any deficiency of service by the opposite parties?                         

2) Whether the complainant is entitled to any relief or relief as prayed   for?

                                                                     ::DECISION WITH REASONS::

The points are taken up together for discussion.

We have gone through the documents filed by the complainant. We have also gone through the complaint case. The complainant has tendered his version of evidence on affidavit and further he brought about the evidence of the mason responsible for fitting the tiles.

The evidence of the complainant has been corroborated by the tile fitter stating that the tiles purchased by the complainant turned black and moulds were set on the newly purchased tiles.

The opposite party no 2. KMG Ceramics India Pvt Ltd sent a letter seeking for time to file their side of the version but failed and or neglected to appear before this Forum.

                                                Hence, ordered that

the instant complaint case is allowed ex-parte against the opposite parties.

Opposite party no.1 and Opposite party no2. is directed to pay Rs.62400/-(Rupees Sixty Two Thousand Four Hundred Only)to the complainant together with compensation of        Rs.10000/-(Rupees Ten Thousand Only) for mental agony and          Rs. 5000/- (Rupees Five Thousand Only) as litigation cost within 45 days of passing of this order failing which a fine of Rs.200/-(Rupees Two Hundred Only) per diem shall be paid by the opposite parties from the date of filling of this case. The total amount is to be paid jointly by both the parties in equal shares and the complainant is also at liberty to put the decree in execution.                                  

Let a copy of this order be given to the party free of cost free of cost on proper application.