DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 54 OF 2015

Pratikar, the registered NGO Institution

through its Secretary General & Authorised Personnel

Tapan Kumar Barik, S/O- Bamadev Barik,

Regd. Office-Maulinagar, Ekatali, Jharsuguda town,

Dist: Jharsuguda, Odisha………………………………...…………Complainant.

Versus

Deep Behera, S/o: D. Behera,

The Owner & Manufacturer of Fly Ash Bricks,

C/O- K.M Industries / DEO, Plot No. 4 & d 5 Industrial Estate,Jharsuguda,

PS/Dist: Jharsuguda, Odisha. At present residing &

Parmanent At- Uditnagar, Rourkela-12,

Dist: Sundargarh, Odisha…………….…………….….….…..….…...Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Shri S.S. Thakur, Adv.& Associates.

For the Opp. Party                                   Shri S.K. Naik, Adv. & Associates.

Date of Order: 02.08.2016

Present

                                            1. Shri S.L.Behera, President.

                                            2. Shri S.K. Ojha, Member.

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant had purchased one trip of fly ash bricks having 250 nos. by paying Rs.9,500/- only in total including transportation on dtd. 17.01.2015 for the purpose of construction of people septic latrine under RWSS wing of Jharsuguda district.  After inspecting the said bricks by the authorized person the bricks were not advised to use.  The complainant informed to the O.P. but the O.P neither replaced nor given the amount, hence this case.

The O.P. appeared through his counsel after being noticed and submitted that the authorized personnel of the department simply advised the complainant not to use the bricks referred to above in the people latrine it does not meant that the supplied ash bricks are low standard bricks.  The complainant failed to take advice from the department prior to lifting of ash bricks whether the ash bricks will be used 

in construction of people latrine.  The department had not rejected the ash bricks supplied by the O.P on its quality grounds but simply denied to use the bricks other than made up of ash bricks. The complainant on the date of lifting verified the ash bricks and being satisfied its quality lifted the same and before using the same should be returned to the O.P but the complainant did not done and denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant had purchased 2500 nos. fly ash bricks by paying Rs.9,500/- in total for construction of public latrine under RWSS department of Jharsuguda district.  The concerned authority of department advised not to use the fly ash bricks.  The complainant cannot use the said bricks which made of fly ash for the purpose of construction of public latrine.

In the above observations, we are in considered opinion to allow the complaint case with directions to the O.P to refund Rs.9,500/- ( Rupees nine thousand five hundred) only to the complainant by receiving  the said 2500 nos. of fly ash bricks supplied to the complainant along with pay a sum of Rs.500/- only to the complainant towards litigation costs, within one month from the date of receipt of this order.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 02^nd day of Aug’ 2016 and copy of this order shall be supplied to the parties as per rule. 

                                                               I Agree.                                                                                                                        

                                                        S.K.Ojha, Member                      S. L. Behera, President                 

                                      Dictated and corrected by me

                                                S. L. Behera, President.