DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 24^th day of October 2024

CC.98/2022

Complainant

Ashokan. C.P,

Late. Ragavan Nair,

Ambalapparambil (HO),

Nellikkode. P.O,

Kozhikode – 673016

(By Adv. Sri. Pavithran. K)

Opposite Party

Managing Director,

M/s. Galaxy Granites and Tiles,

Gothamba Road, Mukkam. P.O,

Kozhikode – 673602

(By Adv. Sri. C.T. Ahammedkutty)

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT              

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

On 10/12/2017 the complainant purchased granite stones worthRs. 2,91, 901/- from the opposite party and laid it in his newly constructed house in March 2018. The colour of the granite stones was coffee brown. In March 2021, the complainant noticed that the granite stones laid in the front sit out as well as in the living room were losing colour.The original coffee brown colour is totally discoloured and it has become grey now. The entire flooring looks shabby and unattractive.

3. After repeated requests, the opposite party had arranged for inspection of the faulty and substandard granite and was convinced about its defects and ugly appearance and assured to do the needful. At the time of purchase, the opposite party had assured that the colour would not fade at least for 25-30 years.
4. The expert in the field, who had inspected the granite, had pointed that the same is of substandard quality. The opposite party has not taken any steps either to substitute the same or compensate the complainant. Hence the complaint to direct the opposite party to replace the entire defective granite with good quality granite at their cost, or in the alternative, refund of the price with interest. Compensation of Rs. 25,000/- is also claimed.
5. The opposite party though filed vakkalath, did not file version within the prescribed time and was set ex-parte. Subsequently, a petition was filed to receive the written version and it was dismissed as per order dated 17/01/2024.
6. The points that arise for determination in this complaint are;

1. Whether there was any unfair trade and business practice or    deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

7. PW1 was examined and Exts A1 to A4 were marked. The report of the expert was marked as Ext C1.
8. Heard.
9. Point No.1:-  The complainant has approached this Commission alleging unfair trade and business practice and deficiency of service on the part of the opposite party.  The specific allegation is that the colour of the granite stone purchased by the complainant from the opposite party faded and discoloured, as a result of which, the floor of his house is looking ugly and unattractive and the opposite party did not take any positive steps to redress the grievance of the complainant in this regard, though he had assured to do the needful.
10. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the quotation dated 10/12/2017 with slab measurement list, Ext A2 is the report of the licenced building supervisor, Ext A3 is the copy of lawyer notice dated 13/12/2021 and Ext A4 series are the photographs.
11. The evidence of PW1 stands unchallenged. The opposite party has failed to file written version in time or to contest the case. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. Ext A1 proves that the complainant had purchased 2115.225 square feet granite stones worth Rs. 2,91,901/- from the opposite party  on 10/12/2017. Ext C1 is prepared by the Geologist, Department of Mining and Geology attached to the District Office, Kozhikode. The learned expert inspected the site in the presence of both the parties. It is reported in Ext C1 that the granite floored in the house of the complainant is in a fade condition and some grains are also detaching from the floored granite. It is specifically reported in Ext C1 that the quality of the floored granite is very low. There is no reason to disbelieve or discard ExtC1. Ext A2 report also shows that the granite stone is of substandard quality. Ext A4 series photographs further reveal the defects in the granite stones.  There is no contra evidence to disprove the claim.
12. It is also seen that the opposite party has not responded to Ext A3 lawyer notice sent by the complainant. If the allegation contained in Ext A3 is not true and correct, nothing prevented the opposite party from sending a  reply to Ext A3 stating the real facts. But that was not done. This is also a circumstance which goes against the opposite party. 
13. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A4 and Ext C1. The act of the opposite party in selling defective and substandard quality of granite stones to the complainant amounts to unfair trade and business practice and his further neglect to address the concerns of the complainant over the product constitutes deficiency of service.  Due to the fading and discolouring of the granite, the floor of the house of the complainant looks shabby and undoubtedly the complainant was put to intense mental agony and hardship. Considering the entire facts and circumstances, we are of the view that this is a fit case where the opposite party is to be directed to refund the price of the product to the complainant.  Further, the complainant is entitled to be compensated adequately for the mental agony and hardship suffered. We are of the view that the compensation of Rs. 25,000/- claimed is reasonable. The complainant is also entitled to get Rs. 7,000/- as cost of the proceedings. 
14. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;
    1. CC.98/2022 is allowed.
    2. The opposite party is hereby directed to refund Rs. 2,91,901/- (Rupees two lakhs ninety one thousand nine hundred and one only) to the complainant.    
    3. The opposite party is directed to pay a sum of  Rs. 25,000/- (Rupees twenty five thousand only) as compensation to the complainant.
    4. The opposite party is directed to pay a sum of Rs. 7,000/- (Rupees seven thousand only) as cost of the proceedings to the complainant.
    5. The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 2,91,901/- shall carry an interest of 9% per annum from the date  of this order till actual payment.

Pronounced in open Commission on this, the 24^th day of October, 2024.

Date of Filing:  18.04.2022

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APPENDIX

Exhibits for the Complainant :

Ext.A1 – Quotation dated 10/12/2017 with slab measurement list.

Ext.A2 – Report of the licenced building supervisor.

Ext.A3 – Copy of lawyer notice dated 13/12/2021.

Ext.A4 series – Photographs. 

Exhibits for the Opposite Party

Nil.

Commission Exhibits

Ext C1  - Commission report.

Witnesses for the Complainant

PW1 -  Ashokan. C.P (Complainant)

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True Copy, 

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