By : SMT. SYEDA SHAHNUR ALI, MEMBER

  The story of the complaint case in short is that the complainant put an order for supply of Statue of his late parents from Milk White Marble Stone on 28.06.14 at a price of Rs. 75,000/-out of which he made advance of Rs. 2,000/-to the OP. After about two years on 26.07.16 the OP delivered the same statue and the complainant paid rest Rs. 73,000/- to the OP. But the statue started to loss its original brightness after a few days and the complainant experienced that it was not manufactured as per order as it was  found chemically colored instead of natural white milk stone. It is technically colored which started fading within a short time. Complainant spent a sum of   Rs. 10,000/-to set the statue of his parents. So, the complainant made his objection and also send a letter on 31.08.16 stating his grievance, but the OP did not care to receive the same. Hence, the complainant has filed the instant petition with the prayers made therein.

       The OP appeared and contested the complaint petition by filing written version. The OP denied all the material allegations made against him and contended that the case is not maintainable under different provisions of law. It is the specific case of this OP that he has a business named and styled “Mahapatra Marble Palace” at Jhautala. The petitioner was a customer of his shop and there was a contract between them for delivery of an idol of his late parents. As per that contract the OP brought a single marble and cutting it into two pieces, prepared statue of parents of the complainant as per terms of the contract. The complainant took delivery of the statues on payment of balance amount on 06.07.16 after inspecting the same at his factory/shop, even long after expiry of contractual period. The complainant wanted longevity of the statues and so, a chemical was sprayed upon the stone statue. The OP claims that he made no forgery in preparing the statues and also he used  the natural   milk white marble in preparation of the statues. So, the OP claims that the instant complaint petition is liable to be dismissed with cost.

           The point for consideration is whether the petitioner is entitled to get the relief or reliefs as prayed for.

                                                     Decision with Reasons.

           Ld. advocate for the complainant argued that there  was an agreement  that the OP will provide milk white marble  for the structure of the status of his late parents like Ramkrishna wearing Dhuri and Saree model and in spite of making payment  of the agreed amount the Op failed to provide him the model as per requisition of the complainant. The complainant also sent letter to the OP  by registered post with AD  on31.08.16 stating his grievance that after the statue was installed  it started fading and its colour was coming out from the stone and it was loosing its luster and it was  the result of negligence on the part of the OP  and it was unfair trade practice and deficiency of service on the part of the OP  as he did not provide the service required by the complainant as per terms of the contract.

         Ld. Advocate for the OP stated that the first date i.e on 28.0-6.14 when the order was placed by the complainant Mahadev Chatterjee of village and PO Kharui,  PS Tamluk there was no mention of milk white marble  and the date of delivery of the same statue was fixed on 12.08.14. Ld. Advocate on behalf of the OP also contended that the delay in delivery of the status was not due to the negligence on the part of the OP, rather the complainant failed to make payment of the balance amount of Rs. 73,000/- out of Rs. 75,000/- before the date of delivery i.e on 12.08.14 and the complainant made full payment on 06.08.16 and took delivery of the statue . Moreover, the ld  advocate for the OP also contended that marble is a natural element  and it is very natural that all marbles has veins which is very natural to be present   in every marble and it is possible that a complete milk white marble  can be procured witout out of chemical . The ld advocate for the OP stated that the OP  used chemical as per request of the complainant for better longevity  of the marble status from natural wear and tear but not to make the marble milk white.

      The crux of the case is whether milk white marble   marble is available naturally. It is quite possible that milk white marble is available byt in slabs. There is no hard and fast rule that the marble will have veins in all its qualities because high quality marbles are priced high than one which has numerous veins. But in the instant case the complainant had given a sum of  Rs. 73,000/- for the preparation of the statues of his deceased parents. It is found that marble has price ranting from Rs. 100/- per Sq ft to Rs. 10000/- per Sq.Ft depending upon the quality and texture   and type as there is no mention of any quality or texture in the receipt provided by the OP it cannot be said that milk white marble is not available and even if it is available it will have veins in it.  So, we cannot take the explanation forwarded by the OP that milk white marble  can degenerate within two years in spite of spraying chemicals as admitted  by the OP  to lock its lustier. Hence,  there is deficiency on the part of the OP  and it is a matter of sentiment, respect and gratitude  of the complainant towards  his late parents which had gone to the extent  of spending a sum of Rs. 75,000/- for preparation of the statue of his parents will hesitate or go back   from paying some more money for his late parents to use milk white marble  as it  is very rightly available as we generally know that Makrana Marble is available in Rajasthan.  Had the OP taken care and respect the sentiment of the complainant he would have  put his best effort to hand over a while milk stone statue  and not as appears in the photographs attached to the complaint of the complainant.

           Hence, it is

                                                     Ordered

           That the C.C No. 313/16 be and the same is allowed on contest against the OP.

            The Op is directed to make two statues as per requirement of the complainant and deliver status of the desired stone within 60 days from the date  of passing of this order or, in case of non-delivery of the status of the desired stone by the OP the OP is to compensate a sum of Rs. 50,000/- to the complainant for the mental agony and set back he suffered for not getting the desired quality stone  statue which he had ordered for as it is very rare piece of thought not prevalent in each of the human being.   The OP is also directed to pay  a  sum of Rs. 10,000/- as litigation cost within two months from the date of this order, in default the complainant will have the liberty to put this order into execution.

              Let copy of the judgment be supplied to all the parties free of costs.