The brief facts of the present case are that the complainant is a proprietor
concern and deals in the business of hair cutting, colouring etc,under the name and
style of M/s Modern Hair Saloon. The complainant purchased floor tiles from the
respondent amounting to Rs.32,578/- i.e. Rs.27,500/- on 05.12.2019, Rs.1800/- on
16.12.2019 and Rs.3278 on 20.01.2020. The respondent has provided lifetime
guarantee of said floor tiles. The respondent has assured the complainant that if the
brightness of said floor tiles will lower down in future, then in that case, the

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C.C. No.143-2020 M/s Modern Hair Saloon Versus M/s Italian Bath
respondent will replace the said floor tiles with new floor tiles at its own costs. After
purchasing the said tiles, the complainant has laid down/paved the said floor tiles in
the residential house above his barber shop by spending an amount of Rs.35,000/-. In
the month of March, 2020 i.e. only after passing of three months, the brightness of
said floor tiles has completely flare up and besides this, many scratches have been
occurred in the said floor and looking rough and so ugly. The complainant
approached the respondent, but the respondent prolonged the matter and later on the
Government of India has announced lockdown in the entire country. Thereafter the
complainant approached so many times to respondent but the respondent always
lingered on the matter on one pretext or the other. The complainant served a legal
notice dated 26.06.2020 but the respondent neither replaced the said floor tiles nor
made the payment nor compensated the complainant in any manner. So the
complainant has come to this Commission with the prayer to direct the respondent to
replace the entire floor tiles with new one and to affix the same or to refund the
amount of Rs.32,578/- alongwith interest @18% per annum and Rs.50,000/- as
compensation on account of mental pain and agony alongwith Rs.22,000/- as
litigation expenses.
2. In written statement, respondent took preliminary objections regarding
maintainability, jurisdiction, locus standi, cause of action, estoppal, and mis-joinder
and non-joinder of parties. It is submitted that the respondent is not the manufacturer
of the goods mentioned in the complaint rather the answering respondent is only
deals with in the business of the trading and as such no guarantee or warranty has
been given to the complainant. No guarantee or warranty has been given to the
complainant and complainant purchased the goods of his own choice. The respondent
has never provided lifelong guarantee of the said floor. It is pertinent to mention here
that the complainant has not disclosed the procedure for fixing the alleged tiles. It is
out of place to mentioned here that the person who pasted the alleged tiles i.e. Raj
Mistri can also damage the tiles if proper procedure has not been followed by the Raj

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C.C. No.143-2020 M/s Modern Hair Saloon Versus M/s Italian Bath
Mistri as per the directions of the manufacturer and in the present case, the
complainant has not made the manufacturer as a party. In fact, in today’s scenario all
of the manufacturer are not giving any guarantee or warranty, in fact “No Complaints
will be entertained after laying of the tiles” has been written on the each and every
packaging material of this type product. The respondent denied all the allegations of
complaint and prayed for dismissal of present complaint.
3. In evidence, Saddam, Proprietor of M/s Modern Hair Saloon has filed
his affidavit as Ex.CW1/A and affidavit of Subhash Rajak as Ex.CW2/A and closed
the evidence after tendering the following documents:
Exhibits Details
Ex.C1 to
Ex.C6

Tiles estimate and receipts

Ex.C7 Receipt of amount of Rs.11,970/-
Ex.C8 Building Flooring Tiles Description
Ex.C9 Legal notice dated 26.06.2020
Ex.C10 &
Ex.C11

Postal receipts

Ex.C12 Copy of Aadhar Card of Subhash Rajak (Mistri)

4. Respondent in evidence has filed affidavit of Krishan Lal, Proprietor of
M/s Italian Bath, as Ex.RW1/A and closed the evidence after tendering the document
i.e. term and condition as Ex.R1.
5. We have heard the arguments advanced by learned counsel for the
parties. All the documents have been perused very carefully and minutely.
6. The complainant had purchased floor tiles from the respondent for
Rs.27,500/- on 05.12.2019, Rs.1800/- on 16.12.2019 and Rs.3278 on 20.01.2020 and

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C.C. No.143-2020 M/s Modern Hair Saloon Versus M/s Italian Bath
the respondent provided lifetime guarantee of the tiles. After three months of laying
the tiles, the brightness of the floor tiles started diminishing and scratches occurred in
the tiles. The complainant reported the matter to the respondent but to no effect and
ultimately giving legal notice dated 26.06.2020, the present complaint was filed. In
written statement, the respondent has admitted selling of the floor tiles to the
complainant vide estimate/receipts Ex.C1 to Ex.C6 but claimed that no guarantee was
provided by the respondent as warranty is to be provided by the manufacturer of the
tiles as the respondent was not the manufacturer of the tiles. It was further claimed
that complainant purchased the goods of his own choice and there was no guarantee
or warranty for the same. The manufacturer has not given any guarantee or warranty
as it was written on every box of tiles on behalf of manufacturer that no complain
will be entertained after laying of the tiles. It was also alleged that Raj Mistri had not
properly installed the tiles and the respondent is not liable in any manner being dealer
and manufacturer has not been impleaded as party in this case.
7. The respondent has filed affidavit of Krishan Lal, Proprietor as
Ex.RW1/A wherein he has supported the allegations as made in the written statement.
He further produced documents Ex.R1 of Italica Company (manufacturer) proving
the fact that it was mentioned on every tiles box that no complaints will be
entertained after laying of the tiles. Admittedly, the complainant has made his
grievances to the respondent after three months of laying of the tiles and he did not
make any complaint to the manufacturer of the tiles.
8. The complainant has filed his sworn affidavit as Ex.CW1/A namely
Saddam, being Proprietor of M/s Modern Hair Saloon and reiterated all the assertions
as made in the complaint. The complainant has also filed affidavit of Subhash Rajak
as Ex.CW2/A who installed the floor tiles in Modern Hair Saloon, 8 Marla, Panipat
from 07.12.2019 to 27.01.2020 and charged Rs.25,000/- from owner Saddam of
Modern Hair Saloon. He has further deposed that the tiles were damaged within two
months of laying down. The complainant has also produced report Ex.C8 dated

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21.08.2020 prepared by SSE & V Associates approved valuers, designers and
consulting engineers who opined that floor tiles were cracked and a number of
scratches at top surface of tiles in first floor of building area. It is also mentioned that
this is not for court evidence. The complainant has not produced any document that
the present respondent has provided him lifetime guarantee. Even otherwise, the
respondent being dealer of the manufacturer could not have provided guarantee or
warranty. The manufacturer has not been impleaded as party in order to take out the
stand what warranty or guarantee is being given for the tiles purchased by the
complainant. Further when there was specific warning on the tile boxes that “No
complaints will be entertained after laying of the tiles” as reflected in Ex.R1, then
respondent cannot be held liable in any manner being the dealer of the manufacturing
company. Therefore, the complainant has failed to substantiate the allegations of the
complaint and present complaint is liable to be dismissed.
9. For the reasons recorded above, the present complaint filed by the
complainant is hereby dismissed with no order as to costs.
10. Miscellaneous application(s), if pending, be disposed off in terms of this
order.
11. This order be communicated to the parties free of costs and file be
consigned to the record-room.
Announced:                                            (Dr. J.R. Chauhan)
Dated:17.03.2023                                    President,

                                                            District Consumer Disputes
                                                            Redressal Commission, Panipat

(Suman Singh)                                  (Anita Dahiya)
Member                                              Member