This complaint coming up before us for hearing on 29-09-10 in the presence of Sri S.Venkateswara Rao, advocate for complainant and the opposite parties remained absent and set exparte,                               upon perusing the material on record and having stood over till this day for consideration, this Forum made the following:-

O R D E R

PER SMT.T.SUNEETHA, MEMBER:

                This complaint is filed U/S 12 of Consumer Protection Act, 1986 by the complainant seeking directions on opposite parties for payment of Rs.1,00,000/- towards compensation and costs.

The brief facts of complaint are as follows:

                The complainant is Mr.K.Siva Kalyan S/o Bhaskara Rao resident of Guntur.   The opposite parties are Ramakrishna Marbles & Granites and its Prop. K.P.V. Anjanikumar, Vijayawada.   The complainant purchased marbles worth Rs.18,905/- from opposite parties vide Rt.No.2200 on 14-01-09.     

                The complainant alleges that the marble stones cut into pieces while polishing.  Then he came to know that the marbles supplied by opposite parties are not that of the marbles shown to complainant.   Immediately the complainant issued registered notice dt.17-03-09 to opposite parties demanding to provide good quality of marbles.  But the opposite parties sent a letter stating that the complainant selected the material by himself and the same was loaded into truck.

                The opposite parties have negligently sent the low quality marbles to complainant and caused lot of inconvenience to complainant during construction of house and he was subjected to mental agony and suffering.   Hence, the complaint.

                The Forum has sent two notices to opposite parties to present before this Forum, which were rejected intentionally by opposite parties and the service held sufficient.   Thus, the opposite parties were set exparte.

                The complainant filed affidavit and also documents like bills, notice sent by him and Forum, reply letter etc., which ensure the purchase of goods by complainant from opposite parties and the notices served were rejected by them.  The uncontroverted allegations do prove the case of complainant.  Therefore, there is deficiency of service on the part of opposite parties.

                In the result, the complaint is allowed in part in terms as indicated below:

1. The opposite parties are hereby directed to pay a sum of Rs.5,000/- as compensation for having supplied low quality marbles to the complainant.
2. The opposite parties are further directed to pay Rs.2,000/- towards mental agony, pain and suffering and Rs.500/- towards legal expenses.
3. The above amounts shall be paid within a period of 6 weeks, failing which they shall carry interest @9% p.a. till the date of realization.

Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum, this the 30^th day of June, 2010.

    Sd/- x x x                       Sd/- x x x                         Sd/- x x x

    MEMBER                         MEMBER                        PRESIDENT

APPENDIX OF EVIDENCE

No oral evidence is adduced on either side.

DOCUMENTS MARKED

For complainant :

For opposite party :  NIL                                                                      Sd/- x x x

                                                                                                             PRESIDENT