D.O.F:27/12/2019
D.O.O:30/04/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.261/2019
Dated this, the 30th day of April 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
The Secretary,
Chayyom Shudhajala Vitharana Paddathi
Gunabhokthra Samithi, Reg. No. 10/2003,
Rep. by its Secretary Biju C., S/o Malinkan,
Chayyom, Kinanur Village,
P.O. Chayyoth – 671314, Kasaragod Dt.
(Adv: Jose Sebastian) : Complainant
And
- Sri. Manikantan, Proprietor
‘KrishnaTraders’, 6/395 Attoor,
Manapadi, Mullurkara, Thrissure 680585.
(Adv: Padmanabha K.)
- M/s Tata Steel Ltd,
Bombay House, 24 Homi Modi street,
Mumbai 400001. : Opposite Parties
ORDER
SRI.KRISHNAN.K : PRESIDENT
The complaint filed under section 12 of the Consumer Protection Act 1986.
The case of the complainant is that, it is a society formed for supplying drinking water in the area under Grama Panchayat Scheme. The opposite party no.1 submitted quotation for TATA pipe with ISI standards. The opposite party no.1 supplied pipe worth Rs. 4,65,480/- on 27/07/2017 and Rs. 1,51,500/- on 06/06/2017 and supplied the pipes. Pipes were installed. After a few months, complaint received from beneficiaries that water supplied were of iron taste and colour of water also changed. Water samples were tested by the analyst of District Laboratory of Water Authority, it is seen that the tap water having 1.7% iron content as against permitted of .3% on the other hand the water sample from storage tank was having iron content of permitted percentage only. The pipe supplied by opposite party no.1 is low quality and substandard which caused heavy loss to the complainant.
The complainant intimated the issue to opposite party no.1 by phone and requested to replacement of the same, but no use. The complainant seeks 18 lakhs for damages and 2 lakhs for compensation and cost of litigation.
The opposite party no.1 filed IA 368/2022 to condone delay in filing version. Petition allowed on cost, but opposite party failed to comply the order. Therefore, no version recorded.
The complainant filed chief affidavit. Ext. A1 to A9 and Ext. X1 marked from their side. The opposite party not adduced any evidence.
The complainant filed petition to appoint Assistant Engineer, Kerala Water Authority, Kanhangad to test quality of GI pipe fittings. Thereafter report filed by National Test House, Chennai marked as Ext. X1 in the case. It is reported that both GI pipes failed to meet the chemical requirements.
The copy of the quotation and agreement is marked as Ext.A1 and A2. Ext. A3, A4, and A5 are bills for payment. Water analysis report is marked as Ext. A6 and A7. Ext. A8 is the copy of the lawyer notice and reply is marked as Ext. A9.
Following points raised for consideration in the case. They are;
- Whether the materials supplied by opposite party no.1 produced by opposite party no.2 are of good quality meeting its quality requirements.
- Whether there is deficiency in service of opposite party? Whether the complainant is entitled for compensation? If so, for what reliefs?
The Expert report marked as Ext. X1 Report filed by National Test House, Chennai states that both GI pipes failed to meet the chemical requirements. The materials supplied by the opposite party is substandard which caused loss to the complainant. There is no evidence to show financial loss suffered by the complainant. But still there is no claim for replacement or refund of price but claim relates to damages. In the absence of actual financial loss damages are restricted.
Regarding the quotam of compensation, the claim is not supported by any legal and acceptable evidence with regard to any financial loss or specific amount of damage if any caused to the complainant. Still complainant is entitled for compensation for deficiency in service. Considering the facts and circumstances of the case, we are of the considered opinion that a sum of Rs. 5,00,000/- (Rupees Five lakhs only) will be the reasonable amount for damages for supplying substandard pipes and compensation of Rs. 25,000/- for deficiency in service and also Rs. 5,000/- as cost of the litigation.
In the result, complaint is allowed in part directing opposite party no.1 to pay an amount of Rs. 5,00,000/- (Rupees Five lakhs only) as damages within 30 days of the order. In default opposite party no. 1 is liable to pay interest at 8% per annum from the date of complaint till payment. And also directed opposite party no.1 to pay Rs. 25,000/- (Rupees Twenty Five thousand only) as compensation for deficiency in service and Rs. 5,000/- (Rupees Five thousand only) as cost of litigation within 30 days of the receipt of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Copy of the quotation
A2 – Copy of the agreement
A3 – Bill of payment
A4 – Bill of payment
A5 – Bill of payment
A6 – Report on analysis of water
A7 – Report on analysis of water
A8 – copy of the lawyer notice
A9 – reply notice
X1 – Report filed by National Test House, Chennai
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
