DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 19th day of October 2010 .

Present : Smt. Seena.H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member

C.C.No.100/2010

M.K. Swarnamma

W/o. Adv. P.K. Sreedharan

Purathoot (H)

Kunnathurmedu (P.O)

Palakkad. - Complainant

(Adv. P.K. Sreedharan)

Vs

1. Suresh

Prop. S M S Bricks

S/o. Muthukumar

Valiyakalliyampara

Uzhalapathi

Thenampathi (P.O)

Palakkad

2. Suresh Babu @ Babu

S/o. Thankavelu Udayar

Kodumbu (P.O)

Palakkad. - Opposite parties

O R D E R

By Smt. Bhanumathi.A.K, Member

The complaint is as follows:

The complainant ordered 3000 burned bricks to the opposite parties for her house construction on 30/11/2009. The bricks were delivered at 7.30 P M. The opposite parties made the complainant believe that the bricks are of goods quality. At the time of delivery itself ¼ part of the bricks were broken. The next day these were immersed in water to use. Then it is found that the bricks were dissolved in water. The complainant's husband informed this matter to the opposite parties and they promised that they are ready to take back the bricks and return the amount. The cost of the 3000 bricks stipulated as Rs.10,200/- was paid at the time of delivery itself to the 2^nd opposite party.

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2^nd opposite party is well known to the complainant hence the receipt was not pressed. But opposite parties were not ready to comply their promise. The above act of the opposite parties caused mental agony and hardships to the complainant hence the complaint seeking an order directing the opposite parties to return the amount of Rs.10,200/- which is paid by the complainant as the cost of bricks and Rs.20,000/- as compensation along with Rs.5,000/- for mental agony.

Opposite parties set exparte. The complainant filed affidavit Exhibit A1 series was marked on the side of the complainant.

Matter heard.

Issues to be considered are

1. Whether the opposite parties delivered defective goods?

2. If so what is the relief and cost?

The case of the complainant regarding the defective burned bricks delivered by the opposite parties. When the complainant immersed these bricks in water for using they were dissolved in water. The opposite parties informed the complainant that they are ready to return the amount and take back the bricks, but they did not do so. Exhibit A1 document shows that the complainant sent a lawyer notice but the opposite parties did not turn up.

It is born out from the affidavit and lawyer notice that the opposite parties supplied defective bricks. Receiving the cost and delivering the defective goods also amounts to deficiency of service on the part of opposite party.

Even though notice received opposite parties has not appeared before this forum. Hence the evidence tendered by the complainant stands unchallenged. So we allow the complaint. The opposite parties are jointly and severally directed to pay an amount of Rs.10,200/- the cost of the bricks and Rs.5,000/- as compensation along with Rs.500/- as cost. Order to be complied within one month from the date of receipt of order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realization.

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Pronounced in the open court on the 19th day of October 2010

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

APPENDIX

Date of filing : 12/08/2010

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

1. Ext. A1 – Petition filed by the complainant

Exhibits marked on the side of the Opposite Party

Nil

Forums Exhibits

Nil

Cost (allowed)

Rs.500/- (Rupees Five hundred only) allowed as cost of proceedings