Karnataka

Chitradurga

CC/131/2017

Dr.P.Umamaheshwarappa S/o late Puttanaik - Complainant(s)

Versus

The Properitor,Pooja Granites - Opp.Party(s)

Sri.P.S.Sathyanarayanarao

16 May 2018

ORDER

COMPLAINT FILED ON:07/12/2017

DISPOSED      ON:16/05/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO: 131/2017

 

DATED: 16^th MAY 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B.,   

……COMPLAINANT/S	Dr. P. Umamaheshwarappa, S/o Late Putta Naik, Age: 43 Years, Sri. Sevalal Sadana, Opp: Urdu School, Behind APMC Market Yard, Vedavathi Nagar, Hiriyur town, Chitradurga.   (Rep by Sri.P.S.Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTY	The Proprietor, Pooja Granites, Near Vani Sugar First Grade College, Main Road, Hiriyur, Chitradurga.   (Rep by Sri., Advocate)

 

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

 

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay Rs.1,68,000/- towards cost of materials, Rs.80,000/- towards labour charges, Rs.1,00,000/- towards cement, sand, jelly etc., Rs.20,000/- towards transportation and handling charges, Rs.8,000/- towards labour residence and Rs.1,00,000/- towards mental agony and pain in all a sum of Rs.4,76,809/- and such other reliefs.   

2.      The brief facts of the case of the above complainant are that, he has purchased granite slabs from the OP worth Rs.1,68,089/- on different dates on cash payment.  Further he has spent Rs.80,000/- towards labour charges and Rs.80,000/- towards cement, sand, jelly etc., and Rs.10,000/- towards transportation charges and Rs.8,000/- towards labour residence and Rs.1,00,000/- towards mental agony.  He has spent Rs.2,78,000/- towards fixing of granite slabs to his house.  After a lapse of 3-4 months, the affixed granite slabs were cracking and turning to discolouring, now it looks very ugly and indecent manner.  The OP has supplied very low quality granite slabs by taking abnormal amount from the complainant, which clearly shows there is a deficiency in service and unfair trade practice by the OP, for that, the complainant has incurred heavy financial loss, loss of time and loss of happiness and he is suffering from mental agony.  It is further submitted that, the OP to avoid the tax to the Government, it has not given any bills, receipts containing TIN or VAT numbers.  The OP has given bills only on white blank paper by charging double rates to the granite slabs comparing to the prevailing market rates.  In this behalf, the complainant has approached the OP for several times requesting to replace the defective granite slabs which was supplied by them.  The OP at the beginning, agreed to replace the same but, later refused to do so.  On 23.08.2017, the complainant has got issued legal notice through his Advocate seeking relief of replacement of entire granite slabs, the same was served on 28.08.2017.  After service of the legal notice, the OP did not turn up nor taken any action to replace the defective materials.  The cause of action for this complaint arose on 28.08.2017 when the complainant has issued legal notice to the OP and the same was served on OP, which is within the jurisdiction of this Forum.  Therefore, there is a deficiency of service on the part of OP and prays for allow the complaint.

3.      After service of notice, Sri. K.S. Lokesh, Advocate appeared on behalf of OP and filed version denying the allegations made in the complaint.  The allegations made in para 1 to 6 are denied as false and the complainant is put to strict proof of the same.  Further it is submitted that, the complainant is not a consumer to the OP.  The complainant never purchased any material at any point of time i.e., the granite slabs from OP.  The complainant is a stranger and with a malafide intention has filed this complaint without any relationship with the OP.  The complainant has filed this complaint against the Op to harass the OP to grab money.  The contents of para 6 of the complaint that, on 23.08.2017, the complainant has got issued legal notice seeking relief of replace the entire granite slabs which is supplied by the OP is true.  The other allegations made in the complaint are denied as false.  Hence, prayed for dismissal of the complaint.

4.      Complainant has examined himself as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked and closed his side.  OP has examined one Sri. Sukharam, the Proprietor as DW-1 and not produced any documents to disprove the case of complainant.   

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, the OP has supplied defective materials i.e., granite slabs to him and committed deficiency of service and entitled for the relief as prayed for?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in affirmative.

          Point No.2:- As per final order.

 

REASONS

8.      It is not in dispute that, the complainant has purchased granite slabs from the OP by paying Rs.1,68,809/- to the OP.  He has spent nearly Rs.1,10,000/- for labour and other charges.  After a lapse of 3-4 months, the granite slabs were cracking and turned to dis-colouring.  After that, the complainant has approached the OP and requested to rectify the same but, the OP refused to rectify the same.  It is argued by the complainant Advocate that, the OP has not given original bills for receipt of the amount, which is an unfair trade practice.  The OP has given bill only on blank paper.  Finally, the complainant has issued legal notice to the OP.  OP has taken a main contention that, the complainant is a stranger and he has not purchased any material from them and the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed and complainant is no way concerned to the OP.  But, in para 6 of the version, OP has admitted that, the complainant has issued legal notice stating that, it has supplied the granite slabs to the complainant, which shows that, the complainant is a consumer under the OP and it clearly shows that, the OP has supplied the materials to the complainant which are defective.  The documents produced by the complainant i.e., Ex.A-1, the bill supplied by the OP to the complainant clearly shows that, the complainant has purchased the materials from the OP on 05.07.2015. 

9.   We have gone through the entire documents, affidavits and exhibits filed by the complainant and OP.  The exhibits produced by the complainant clearly shows that, the complainant has purchased the granite slabs from the OP and paid Rs.1,68,809/- as per Ex.A-1 to A-3.  Here the case on hand is that, the OP has supplied the defective goods to the complainant.  After laying the same, the complainant approached the OP and raised the objections that, the granite slabs were cracking and turning to dis-colouring.  If the complainant raised the objection before laying the granite slabs, the OP shall return full amount to the complainant.  But, the complainant has raised this objection after laying the slabs.  So that, this Forum is at considered view that, the OP is liable to pay 50% of the purchasing amount to the complainant.       Accordingly, this Point No.1 is held as partly affirmative to the complainant.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that the OP is hereby directed to pay a sum of Rs.84,000/- to the complainant towards supply of defective materials along with interest @ 9% p.a from the date of complaint till realization.

It is further ordered that, the OP is hereby directed to pay a sum of Rs.40,000/- to the complainant towards labour charges towards laying of granite slabs in the house of complainant and Rs.40,000/- towards cost of the materials i.e., cement, sand and jelly.

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 16/05/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OP:

 

DW-1:- Sri. Sukharam, the Proprietor by way of affidavit evidence.

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Tax Invoice dated 05.07.2015
02	Ex-A-2:-	Estimates
03	Ex-A-3:-	Estimate dated 09.10.2015
04	Ex.A-4:-	Legal Notice dated 23.08.2017
05	Ex.A-5:-	Postal receipt and acknowledgement
06	Ex.A-6:-	Photos

 

Documents marked on behalf of OP:

-NIL-

 

MEMBER                                                            PRESIDENT

Rhr**