IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 29th day of April , 2017.
Filed on 27..07.. 2015
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier( Member)
3. Smt. Jasmine.D. (Member)
in
C.C.No 234/2015
between
Complainants:- Opposite Party:-
Smt. Manju Sanil l. The Proprietor
Proprietor, Men’s and She Square M/s. HHYS Inframart, Mukkavala
Kottarapalam Kayamkulam,
Alappuzha Alappuzha- 690502
Ph. 94465890502
2. M/s Shubh Tiles
Opposite Janatha Bust Stop
Sahodaran Ayyappan Road
Vytila, Eranakulam Pin. 682 019
3. Comet Granito Pvt.Ltd
8-A, National Highway
Nava Jambudiya
Morbi- Gujarat, Pin. 363642
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant case concisely is as follows:-
The complainant along with her husband is running a ‘Beauty Parlor’ by name M/s Men’s & She Square. The said parlor had been functioning at another premise prior to the same started operating in the present premises very recently. Now the material parlor is situated in the newly built four storied building. The said parlor is one of the most reputed one, and the building has been constructed strictly following the international standards as to both its appearance and amenities. For the flooring of the entire four floors different types of tiles were purchase from the opposite parties all of which had been manufactured, dealt and sold by the opposite parties. The underground floor and first floor which forms the nerve centre of the establishment were adorned with the floor tile namely ‘Favorite Crystal/ White’ tile. After the completion of the building in September 2014 the material beauty parlor was inaugurated. Barely after a few weeks of inauguration of the building to the dismay and shock of the complainant, it is noticed that the tiles fixed in the underground and first floors bore black marks on the very face of them. On passage of days, the said black marks grew more prominent. The disfiguration of the material tiles badly affected the otherwise gorgeous appearance of the entire building. The complainant on so many unsuccessfully approached the opposite parties to get her grievance redressed. The complainant even caused to send a lawyer notice which also evoked no meaningful response. If the deformed tiles are to be placed, the beauty parlor has to be downed the shutter for weeks on end. That apart the main glass doors and other fixtures are to be detached which would fetch inestimable loss to be complainant. The tiles are marked with inherent manufacturing defect. The service of the opposite parties is deficient. The complainant sustained loss of money as well as mental peace. The complainant got aggrieved on this approached this Forum for compensation and relief.
2. On notices being served the opposite parties appeared and filed joint version. The crux of the opposite parties contentions is that the opposite parties had sold out perfect tiled to the complainant. At the time of purchase of the same, detailed elaborations as to the manner in which the material tiles are to be fixed, while so fixing whatever sort of cement and other articles are to be used had been delivered to the complainant. According to the opposite parties the complainant must have either used inferior adhesives or cement for gluing the tiles. What is more the complainant firm being a beauty parlor different types of bleaching agents and chemicals are being used thereof, and that must also have caused the disfiguration of the material tiles, the opposite parties contend. The opposite parties had sold similar types of tiled in previous occasions, and at no point of time any sort of complaint came up as to the said tiles. The tiles opposite parties sold out to the complainant have no manufacturing defects. The allegations of the complainant are without any basis. The complainant filed is experimental. The complainant is disentitled to any relief, and the complaint is only to be dismissed with cost to the opposite parties, the opposite parties vehemently contend.
3. The evidence of the complainant consists of the evidence of the complainant himself, and the documents Ext.A1 to Ext.A4 were marked. On the side of the opposite parties proof affidavit was filed and the document Ext.B1 was marked. Commission Report was marked as court document.
4. Keeping in view the contentions of the parties the issues that come up before us for consideration are:-
(A) Whether the tiles sold out by the opposite parties to the complainant have inherent manufacturing defect?
(B) Whether the opposite parties committed deficiency of service?
(c) Whether the complainant is entitled to any relief?
5. Concededly the complainant purchased the material tiles from the opposite parties. The complainant so purchased them for the purpose of laying the same in the prominent portions of her prestigious beauty parlor that situates in the heart of the town. Just about a few weeks after the celebrated inaugural ceremony of the newly built structure, the said tiles displayed back shade on its façade marring the entire gorgeous appearance of the elegant building. The black shades seemed inherent in its nature so that the same could not wipe or even scrub down. We meticulously went through the complainant, version and other materials brought on record by the parties. According to the opposite parties the disfiguring black display of the tiles must either have been laid them up ineptly using inferior bonding agents like low quality cement or something like. The opposite parties have given elaborate instruction as to the manner in which the tiled are to be handled and glued. That apart the complainant firm is a beauty parlor, and the use of certain bleaching agent and chemicals cannot be ruled out therein. The indiscriminate use of bleaching agents or chemicals must have marred the beautiful look for the white tiles, the opposite parties contend. Bearing all these contentions in mind we with surgeon’s precision we looked into the entire evidence available on record before us. As we have already observed admittedly, the material tiles were brought from the opposite parties. It is neither denied nor did even dispute that the material tiles in due course displayed defacing black shades all over. Now the question that come up for consideration is whether the tiles were having in built manufacturing defect or the scar that came to light was due to the reasons that put forth by the opposite parties. It is worth noticing that the materials beauty parlor M/S Men’s & She Square is a reputed firm having a standing of several years in Alleppey town. The newly constructed building to which the same is recently shifted is a four storied structure constructed in line with the international standards. When matters stood in this manner, the opposite parties’ contention that inept handling and laying of the tile must have caused deformity of the tiles on its surface does not inspire confidence in the minds of this Forum.. Going by the other contention the opposite parties raised it does appear that the complainant firm being a beauty parlor, the inevitable possibility of using chemicals or bleaching agents could have caused black scars on the otherwise attractive tiles. It may be true that in the beauty parlor certain bleaching agents or chemicals are in vogue, still we are not persuaded to think that such materials apply on human beings must possess the potential to damage floor tile like materials. Needless to say the opposite parties’ said contention does not hold water in the premise of the instant case. What is more, the complainant report that forms the part of the records categorically asserts that wear, tear, scratch, crack etc could be seen on ‘Favorite Crystal Tiles’ alone, the disputed tiles. The commission report further says that the tiles other than the ‘Favorite Crystal Tiles’ remain intact without having any visible damage. Thus going by the materials available before us in its entirety we are of the considered view that the complainant case merit acceptance. The opposite parties are definitely liable for the damage the complainant incurred. It goes without saying that the complainant is entitled to relief.
In the result complaint allowed, the opposite parties are directing to layout the Favorite Crystal Tiles in the premises of the complainant at free of cost, failing which the opposite parties are directed to refund to the complainant the cost of the damage tile Viz favorite Crystal Tiles, complainant shall be entitled to get 9% interest per annum from the amount, from the date of complaint till realization.
Pronounced in open Forum on this the 29th day of April, 2017.
Sd/-Sri. Antony Xavier (Member) :
Sd/-Smt.Elizabeth George (President) :
Sd/-Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Invoice Dtd. 27/12/2013
Ext.A2 series - Copy of Receipt Voucher Dtd. 27/12/2013
Ext.A3 - Copy of Advocate Notice
Ext.A4. - Reply Notice.
Evidence of the opposite parties:-
Ext.B1 -
//True copy//
By Order
Senior Superintendent.
To
Complainant/Opposite party/SF
Typed by: Br/-
Compd. By:
