By Smt. E. Ayishakutty, Member ,<br /> <br /> 1. The brief facts of the complaint is as follows:<br /> Complainant approached opposite party to purchase tiles to lay on the floors of his new house which is under construction. Opposite party introduced him so many types of tiles. He promised guarantee and he is ready to take responsibility if the tiles would have defects. Complainant believed opposite party and purchased tiles from him for Rs.1,24,713/- (Rupees one lakh twenty four thousand seven hundred and thirteen only) on 06-02-08. He paid the amount at the same time. Next day when the complainant started laying the tiles he saw some of the tiles are broken. At the time complainant intimated this to opposite party. Opposite party was willing to solve the matter at that time. So the complainant completed the laying work. After few days it has seen that the laid tiles also broken. Again he intimated the matter to opposite party and issued a registered letter to him on 16-4-08. On 17-4-08 two employees from opposite party's shop visited complainant's house and examined the alleged defects of the tiles. They realised the defects and assured the complainant some relief for his grievance. But the complainant has not get any relief from opposite party till the date. Complainant also has alleged that some of the tiles which he has purchased for laying his bathroom has seen colour variation. Moreover opposite party collected excess price for a particular type of tiles the brand name “1 Band charry so many”. Opposite party has committed unfair trade practice as well as gross deficiency in his service. So the complainant has no other alternative except to file a complaint before this Honourable Forum.<br /> 2. Complainant pray in for refund of Rs.1,50,000/- as the price of the tiles and other connected necessary items he purchased. He also requested Rs.10,000/- as compensation and Rs.2,000/- as costs.<br /> 3. Notice to opposite party was served. He returned the notice as refused. Opposite party is absent and so set him as exparte.<br /> 4. Evidence consists of affidavit filed by the complainant. Ext.A1 to A4 is marked on the side of complainant. Ext.A1 and Ext.A2 is two bills issued by opposite party on 06-02-08. Ext.A3 is a registered cover with acknowledgement card issued to opposite party by the complainant. Ext.A4 is a photo copy of registered letter issued by the complainant to opposite party on 16-4-2008. Ext.A1 and Ext.A2 is two bills as evidence prove that complainant has purchased tiles from opposite party for Rs.1,24,713/-. Complainant has affirmed it in his affidavit also. In the affidavit complainant has sworn that two employees from opposite party's shop visited complainant's new house which is under construction and examined the alleged defects of the tiles and made aware of it. But opposite party is in silent. He shut his eye towards this matter. He has not taken any steps to console this aggrieved consumer.<br /> 5. In here opposite party issued two estimates instead of issuing proper bill without name and seal of opposite party. It is a general practice of traders to issue estimates instead of proper bills without the name or seal of opposite parties. A trader should not take advantage of consumer's ignorance or unfamiliarity in the goods or services. They must have maintain a better consumer relationship and fair dealings. In this case opposite party's adament attitude led to complainant before this Honourable Forum. So in our opinion opposite party has committed unfair trade practice and has deficiency in his service. So he is entitled to be compensated.<br /> 6. In the result we allow the complaint and order opposite party to pay an amount of Rs.25,000/- (Rupees Twenty five thousand only) for the damages sustained to the complainant together with cost of Rs.1,000/- (Rupees one thousand only) within one month from the date of receipt of copy of this order.<br /> <br /> Dated this 21st day of August, 2008<br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A4<br /> Ext.A1 : Computer print of estimate for Rs.6,732/- dated, 06-02-08<br /> by opposite party to complainant.<br /> Ext.A2 : Computer print of estimate for Rs.1,17,981/- dated, 06-02-08<br /> by opposite party to complainant.<br /> Ext.A3 : Registered cover with acknowledgement card issued to opposite<br /> party by complainant.<br /> Ext.A4 : Photo copy of the letter dated, 16-4-2008 by complainant to<br /> opposite party.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br />