Jammu and Kashmir

Jammu

CC/703/2017

SURINDER KUMAR - Complainant(s)

Versus

RK MARBLES - Opp.Party(s)

DALEEP BHAN

03 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                246/DFJ           

 Date of  Institution     07-10-2017

 Date of Decision          19 -02-2018

 

Surinder Kumar,

S/O Sh.Girdhari Lal,

R/O H.No.1-A Mohalla Lakhnotra,

Gurha Brahmana,Bantalab,Jammu.

                                                                                                                                    Complainant

            V/S

R.K.Marble,Marble Market,

Trikuta Nagar,Jammu through

 its proprietor Sh.Bhola ,

S/O Sh.Raj Kumar,

R/O Marble Market,Trikuta Nagar,Jammu

                                                                                                                                    Opposite party

CORAM

                  Khalil Choudhary          (Distt.& Sessions Judge)      President

                  Ms.Vijay Angral                                                           Member

                  Mr.Ghulam Sarwar Chauhan                                        Member

 

In the matter of   Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Dileep Bhan,Advocate for complainant, present.

Nemo for OP.

    

                                                                    ORDER

                           Shorn of unnecessary details, relevant facts, as are narrated in the complaint are that; complainant being owner of residential house and in the month of October,2015 the construction work of his residential house was going on and in order to purchase marble slabs, granite slabs and other items like palli black tiles, he approached OP for purchasing the abovesaid items. According to complainant, the OP assured him for supply of superior marble slabs, granite slabs and other allied items and in order to get superior material, he paid cash amount as per wishes of OP  and on 19-10-2015 he paid total consideration amount of Rs.76,839/-and the material supplied by OP through Vehicle No.1792,copies of bills is annexed as Annexure-A.Complainant further submitted that he also hired the skilled labourers(mistri)for laying and fixing the tiles on the floor of residential house and also on the main gate of residential house and also hired skilled labourers for cutting and laying marble slabs, granite slabs and tiles and while cutting the marble sheet it was observed that the marble sheets sold by OP were of inferior quality and not to the mark as was assured by OP and as per terms and rate received by OP for marble and granite. Allegation of complainant is that he immediately approached OP and informed him about the poor quality of marble slabs, granite and other items as these items have lost its shine and look only after one month and gave bad shape to the residential house of complainant and the OP visited his house twice and assured him that he will replace the marble, granite and other items within a period of one month,but OP never fulfilled his promise and avoided the matter on one pretext or the other and lastly,in the month of August,2017 the op again visited his house and admitted that inferior quality has been supplied to him and assured that he will replace the same within a period of five days, but all in vain. Further allegation of complainant is that the Op has sold defective/inferior quality of marble slabs, as a result of which the complainant has suffered not only financial loss, but also physical inconvenience, mental torture and humiliation and this act of OP constitutes deficiency in service and un fair trade practice, hence the complaint. In the final analysis, complainant prays for release of Rs.1,76,750/-which has been spent by the complainant for the purchase and laying of material in the residential house  and compensation of Rs.50,000/- for causing unnecessary harassment and mental agony and litigation charges.

                 Notice was sent to the OP alongwith copy of complaint through registered cover with acknowledgment and as per record the OP did not choose to represent its case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period provided under the Act, so the right of OP to file written version was closed vide order dated 06-12-2017 and complainant was ordered to produce evidence by way of affidavit in support of the complaint.

The complainant adduced evidence by way of duly sworn his own affidavit and affidavit of Santosh Dass. Complainant has placed on record copies of estimate bill.

We have perused case file and heard L/C for complainant at length.

 

              Briefly stated grievance of complainant is that he being owner of residential house and in the month of October,2015 the construction work of his residential house was going on and in order to purchase marble slabs, granite slabs and other items like palli black tiles, he approached OP for purchasing the abovesaid items. According to complainant, the OP assured him for supply of superior marble slabs, granite slabs and other allied items and in order to get superior material, he paid cash amount as per wishes of OP  and on 19-10-2015 he paid total consideration amount of Rs.76,839/-and the material supplied by OP through Vehicle No.1792. Complainant further submitted that he also hired the skilled labourers(mistri)for laying and fixing the tiles on the floor of residential house and also on the main gate of residential house and also hired skilled labourers for cutting and laying marble slabs, granite slabs and tiles and while cutting the marble sheet it was observed that the marble sheets sold by OP were of inferior quality and not to the mark as was assured by OP and as per terms and rate received by OP for marble and granite. Allegation of complainant is that he immediately approached OP and informed him about the poor quality of marble slabs, granite and other items as these items have lost its shine and look only after one month and gave bad shape to the residential house of complainant and the OP visited his house twice and assured him that he will replace the marble, granite and other items within a period of one month, but OP never fulfilled his promise and avoided the matter on one pretext or the other and lastly, in the month of August,2017 the op again visited his house and admitted that inferior quality has been supplied to him and assured that he will replace the same within a period of five days, but all in vain. Further allegation of complainant is that the Op has sold defective/inferior quality of marble slabs, as a result of which the complainant has suffered not only financial loss, but also physical inconvenience, mental torture and humiliation and this act of OP constitutes deficiency in service and un fair trade practice,

                     The complainant in his own duly sworn evidence affidavit and affidavit of Santosh Dassa have supported the averments of the complaint. There is no evidence on record produced by other side to rebut the case of complainant. So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by his own duly sworn affidavit and affidavit of Santosh Dass, so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments of complaint.

                      This is a case of deficiency in service. The OP despite of service of notice sent by the Forum through registered cover has not taken any action to represent its case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by the OP in this complaint and there is also no evidence to rebut the case of complainant. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act,1987, which provides that in a case where the OP omits or fails to take any action to represent its case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OP omits or fails to taken any action to represent its case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                 Therefore, in view of aforesaid discussion, the complaint filed by the complainant for redressal of his grievance is allowed and OP is directed to refund  Rs.76,550/-(i.e. cost of granite)  and Rs.1,14,000/    i.e. the amount incurred for laying and fixing the marble and granite) total Rs.1,90,750/-alongwith interest @ 7Percent per annum w.e.f.19-10-2015(i.e.from the date of deposit of amount)till its realisation.OP is further directed to pay compensation to the tune of Rs.10,000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.10,000/-.The OP shall comply the order within one month, from the date of receipt of this order. Copy of this order be provided to parties, free of costs. The complaint is accordingly, disposed of and file be consigned to records after its due compilation.

Order per President                                   Khalil Choudhary

                                                                (Distt.& Sessions Judge)

Announced                                                   President

  19-02-2018                                          District Consumer Forum

Agreed by                                                     Jammu.                                                                                                                                  

                                                                      

Ms.Vijay Angral          

Member                                                                                                                                 

 

Mr.Ghulam Sarwar Chauhan

Member