Date of Filing:16.08.2007<br /> Date of Order: 02.05.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 2 ND DAY OF MAY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 1724 OF 2007 <br /> <br /> S.C. Munnegowda,<br /> S/o S.M. Channegowda,<br /> Seethakempanahalli,<br /> Hesaraghatta Hobli,<br /> Kakol Post,<br /> Bangalore North Taluk. Complainant<br /> <br /> V/S<br /> 1. Ramco Industries Limited,<br /> No.24, Residency Road,<br /> Bangalore-560 025.<br /> <br /> 2. R.K.V. Enterprises,<br /> Chowdeswari Complex,<br /> Rajanukunte,<br /> Bangalore-560 064. Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> The complainant has filed this complaint stating that, he has purchased Ramko Asbestos Cement Sheets worth Rs.11,466/-. The sheets purchased by the complainant are not of good quality and standard. The complainant stated that, after putting up the sheets to his house the sheets began to leak and thereby walls of the house also damaged due to leakage. He requested the agent of the company for change of A.C Sheets and for payment of compensation. He also went to the opposite party company and requested for replacement and payment of damages, but the opposite party company did not heed his request. The complainant stated that he has several times requested orally and also written letters in spite of he could not get any relief from the opposite party company. He submitted that he has suffered loss of Rs.80,000/- due to the sub-standard A.C Sheets. Therefore, he has approached the Forum for getting the justice.<br /> 2. Notice was issued to opposite party. Opposite party has appeared through Advocate and filed defence version stating that, after lapse of more than one year the complainant has filed this complaint with false allegation. Complainant never tried to contact the opposite party. The complainant has filed false complaint against the opposite party company only with a bad intention to get the compensation. It is the case of the opposite party that the complainant has not clearly mentioned the degree of slope of the roof. As per the Indian standard the slope of the roof should be at 18 degree. The opposite party is not liable to pay compensation. Therefore, the opposite party requested to dismiss the complaint. <br /> 3. Affidavit evidence of both the parties filed. Arguments of complainant in person heard and the advocate for the opposite party heard. <br /> <br /> 4. The points for consideration are:-<br /> 1. Whether the opposite party Ramco Company can <br /> be directed to replace the damaged A.C Sheets? <br /> <br /> 2. Whether there was any deficiency in service on the part of the opposite party?<br /> <br /> <br /> REASONS<br /> <br /> 5. I have perused the documents and photographs produced by the complainant and the affidavit evidence. The complainant has produced receipt for having purchased A.C Sheets of worth Rs.11,466/-. He has produced photographs of his house wherein putting up the A.C sheets of his house has been shown and appearing in the photos. By looking into the photos produced by the complainant he has put up A.C sheets for the roof of the house and the leakage clearly shown and appearing in the photos. The walls of the house of complainant also damaged due to leakage. The complainant has stated that the A.C Sheets purchased by him of the opposite party company are not standard sheets. They are sub-standard sheets. Therefore, he has suffered loss. The complainant seeks replacement of A.C Sheets with good quality sheets. The complainant being an agriculturist comes from rural area. His rights shall have to be protected. Even the complainant has not engaged advocate. He has personally submitted the complaint and argued the case before the Forum and requested the Forum to give justice to him because he has suffered loss due to the sub-standard A.C Sheets manufactured by the opposite party company. Consumer Protection Act is enacted to safeguard the better interest of the consumers. Opposite party company is big industrial company it should maintain its standard and it is the duty and obligation of the opposite party company to supply the material to the consumers without any defect. The opposite party company shall replace the A.C sheets with good and standard sheets by receiving the damaged and sub-standard sheets from the complainant. If the opposite party company is ordered to replace the good quality and standard A.C sheets to the complainant in that case no hardship or unjustice would cause to the opposite party company. In the result, I proceed to pass the following:-<br /> <br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party Ramco Industries Limited is directed to replace standard and good quality A.C Sheets after receiving the damaged and sub-standard A.C Sheets from the complainant. The opposite party company is directed to send the Engineer or Surveyor or any responsible officer of their company to the house of the complainant and assess the damage and look into the sub-standard A.C Sheets and thereafter take steps to replace the standard and good quality A.C Sheets to the complainant with intimation to this Forum.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 2ND DAY OF MAY 2008.<br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br />