By L. Jyothikumar, Member:

            The complainant had purchased first quality floor tiles from opposite party show room.  Opposite party had collected a sum of Rs.37599/- for the tiles.  The complainant had laid the tiles for his newly constructed house.  After laying of tiles the complainant had seen the colour variation.  The colour of the tiles varies from one to another.  The complainant had approached the opposite party several times and also sent notice by requesting to refund the cost of same.  The complainant is alleging deficiency in service on the part of opposite party.

            Notice sent to the opposite party was served.  Opposite party did not appear before the Forum and hence the opposite party was called absent and set exparte.

            The complainant was examined as PW1 and Exts. A1 to A6 were marked on complainant’s side.  From the evidence and exhibits the case of the complainant is proved.  Even though complainant had informed the deficiency in service, opposite party did not take any steps to redress the grievance of the complainant.  Hence the Forum is of the opinion that opposite party was deficient in their service and the complainant is entitled to get for compensation for the mental agony he had suffered and financial loss.

            In the result the petition is allowed and the opposite party is directed to pay a compensation of Rs.15000/- and a cost of Rs.1000/- to the complainant.  Opposite party is directed to comply the order within one month from the date of receipt of copy of the order.

Pronounced in the open court this the 25^th day of February 2010.

            Sd/- PRESIDENT                    Sd/- MEMBER                        Sd/- MEMBER

APPENDIX

Documents exhibited for the complainant:

A1.  Invoice dt.29-3-08 issued by O.P. to the complainant.

A2.  Invoice dt.2-4-08 issued by O.P. to the complainant.

A3.  Invoice dt.2-4-08 issued by O.P. to the complainant.

A4.  Copy of Regd. Lawyer notice dt.29-5-2009.

A5.  Postal receipt.

A6.  Postal acknowledgement.

Documents exhibited for the opposite party.

            Nil

Witness examined for the complainant:

PW1.  Sugesh.T. (Complainant)

Witness examined for the opposite party.

                        None

                                                                                    Sd/- President

                                    // True copy //

(Forwarded/By order)

SENIOR SUPERINTENDENT.