DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PALAKKAD

Dated this the 24^th day of October 2019

Present: Smt.Shiny.P.R, President

              :  Sri.V.P.Ananatha Narayanan, Member                            Date of filing: 06/03/2019

                                                        (C.C .No.50/2019)      

Kaladharan,

Theethan House,

Panayampara,                                                            -           Complainant

Kunisseri(PO),

Palakkad District.                 

(Party in person only) 

Vs

The Proprietor,

E-Way Gallery,

E-Way Junction,

Kuthukkal,                                                                  -           Opposite party

C.H.Bye pass, Manjeri,

Malappuram District.

Pin – 676 121.                                                

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of complaint.

Complainant has purchased 16 boxes flooring tiles of Khajaria Company having white shade with grip from the opposite party for an amount of Rs.83,000/- in order to laying in the front hall of his newly constructed house. Each boxes containing three pieces of tiles.  On 14-03-2018 opposite party delivered the tiles to the complainant. Complainant submitted that after laying tiles in the hall it is seen that 5 boxes of tiles had the black shade without sufficient grip. The same has been informed to the opposite party.  Eventhough representative of opposite party visited the house of complainant the grievance of the complainant has not been redressed. Complainant submitted that different type’s poor quality tiles were supplied by opposite party for the newly constructed house of the complainant which amounts to unfair trade practice and deficiency in service. Due to the above acts of opposite party he and his family members had suffered a lot of mental agony. Hence the complaint.  Complainant prays for an order directing opposite party to pay a total claim of Rs.1,65,000/- for compensation for mental agony and financial loss caused to the complainant.           

Complaint was admitted and issued notice to opposite party.  After accepting the notice, opposite party did not appear before the forum.  Hence set ex-parte.

Advocate commissioner was appointed and he filed report stating that the faded colour in 3 rows is clearly noticeable when entering to the hall and on looking to the floor totally. CD and samples of tiles were produced by commissioner.

Complainant filed chief affidavit. Ext.A1to A3 marked from the side of the complainant.  Commission report was marked as Ext.C1 and CD marked C1(a).  Samples of tiles were marked as MO1 and MO2.   

The following issues are to be considered. 

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite party?
2. If so, what are the reliefs and cost?      

 ISSUES 1 & 2

Heard.     

We have perused the documents filed by the complainant.  Ext.A1 proves that the complainant had purchased the alleged tiles along with other tiles and other accessories for an amount of Rs.83,900/- from the opposite party  on 14-03-2018.  Complainant submitted that after laying tiles he noticed the black shade in the tiles which was immediately informed the opposite party. But they did not redress the grievance of the complainant till the date of filing complaint.  As per order in IA 169/19 an Advocate commissioner was appointed and filed report. In Ext.C1 report Commissioner reported that the faded colour in 3 rows was clearly noticeable when entering to the hall and on looking to the floor totally. Relying the upon the opinion of the commissioner we are of the view that opposite party committed deficiency in service by selling different types inferior quality tiles to the complainant. It will definitely cause severe mental agony and huge financial loss to the complainant.  As the opposite party remained ex-parte, the evidence tendered by the complainant stands unchallenged.  Therefore the opposite party has liability to refund the cost of alleged tiles and expenses incurred along with compensation for mental agony caused to the complainant.   But the complainant is not entitled to get compensation as prayed for in the complaint.  The workmen of complainant ought to check the tiles before laying them.  After considering all the facts and circumstances of the case we are of the view that an amount of Rs.20,000/- will meet the ends of justice.

In the result complaint is allowed.  Opposite party is directed to pay                  Rs.20,000/-(Rupees Twenty Thousand only) as compensation for mental agony caused due to the act of opposite party along with the cost of Rs.5,000/-(Rupees Five Thousand only) to the complainant.

Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the amount from the date of order, till realization.

Pronounced in the open court on this the 24^th day of October 2019.

                                                                                                                        Sd/-                                                                                                                                  Shiny.P.R

                   President 

                                                                                                                        Sd/-

    V.P.Anantha Narayanan

                   Member

Appendix

Exhibits marked on the side of complainant.

Ext.A1 – Tax invoice issued by 1^st opposite party to the complainant.

Ext.A2 series – Photographs of flooring files.

Ext.A3 – Acknowledgment card

Ext.C1- Commissioner’s report dated 31/05/2018.(Original)

Ext C1(a)- CD produced for the difference in the tiles supplied by the opposite party.

MOI and MO2 –Samples of tiles

Exhibits marked on the side of opposite party

Nil.

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite parties

NIL

Cost       Rs.5,000/-