BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 04/03/2009

Date of Order : 30/09/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 126/2009

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :

The complainant purchased 37.5 boxes of premium quality tiles from the 1^st opposite party at a price of Rs. 24,600/-. The complainant laid the tiles in his house by spending Rs. 10,000/- towards materials and Rs. 5,400/- being the cost for laying the same. The edges of the tiles are not in correct position and measurement, after a week the colour of the tiles faded. The above defects were caused due to the substandard quality of the tiles. So on 30-10-2008, the complainant caused to issue a lawyer notice to the opposite party. But there was no response. The complainant is entitled to get a total damages of Rs. 50,000/- from the opposite parties together with costs of the proceedings. This complaint hence.

2. Version of the 1^st opposite party :

The complainant ought to have complied with the instruction and directions before laying the tiles. The tiles of the same batch may differ in slight colour change. The customers are to lay all tiles in such a way that the arrow indication mark behind the tiles should remain in one direction in the whole room in order to get finishing edge matching and colour tone matching. The colour variation of the tiles occurred only due to the mishandling and negligence of the complainant or his workers. On receipt of the notice, the 1^st opposite party along with the manufacturer's representative inspected the premises of the complainant and found that 8 numbers of tiles had slight colour variation that happened only due to the negligence on the part of the complainant. The complainant has no cause of action against the 1^st opposite party.

3. The 2^nd opposite party as well raised the very same contentions of the 1^st opposite party.

4. The complainant was examined as PW1. Exts. A1 and A2 were marked on his side. At the instance of the complainant an expert commissioner was appointed by this Forum and her report was marked as Ext. C1. The 2^nd complainant was examined as DW1. Neither oral nor documentary evidence was adduced by the 1^st opposite party. Heard the counsel for the parties.

5. The points that arose for consideration are :-

1. Whether the complainant is entitled to get Rs. 50,000/- towards damages from the opposite parties?

2. Costs of the proceedings?

6. Point Nos. i. and ii. :- Though the opposite parties field objection to Ext. C1 report belatedly, which was allowed with a penalty being imposed which they complied with uncontrovertedly. They failed to proceed further according to law. So, the objection filed by the opposite parties is found unsustainable for reasons stated above.

7. Ext. C1 goes to show that the tiles laid at the house of the complainant in the drawing room, dining room, living area and the toilet suffer from colour fading due to inherent manufacturing defect. The difference in colour, difference in shape of the edges and measurement have been noted squarely. The contention that the defect has been caused due to improper laying of the tiles is precluded by the finding of the expert commissioner in Ext. C1 as to the difference in shape of the edges and measurement.

8. In the result, we partly allow the complaint as follows :

1. The opposite parties shall jointly and severally refund Rs. 24,600/- being the price of the tiles.

2. The opposite parties shall jointly and severally also pay the laying charge of Rs. 5,400/- and Rs. 10,000/- being the costs of the materials to the complainant.

3. The opposite parties shall remove the laid tiles at their cost but if agreeable by the opposite parties retain the same compensating the complainant by a sum of Rs. 30,000/- to him wherein the above direction in Clauses i. and ii. will not stand.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amounts shall carry interest @ 12% p.a. till payment.

Pronounced in open Forum on this the 30^th day of September 2011.

Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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