1.Case of the complainant:-
On 26/12/2020 complainant had purchased 1288.61 Sqft Morchana gold marble from opposite party shop for an amount of Rs. 1,49,481/- . While purchasing the Morchanan Gold marble for flooring, opposite party assured that those marbles are first quality, defect free and is having less complaint . He had purchased 1028.83 Sqft marble at the rate of Rs. 116/- per Sqft and 259.78 sqft marble for Rs. 106/- per Sqft.
2. While laying the marble in the floor, it is seen that there is some bend in corners. More over the connecting edges of the marbles are irregular in shape. Due to that defects, the workers are unable to lay the marbles properly. Thereafter complainant approached opposite party to rectify the defect but complainant did not get a positive response from the opposite party. Opposite party is in a practice to sell second quality marbles in the name of first quality marble with high price. Complainant finished the work by using the second quality marbles sold by opposite party and complainant is really afraid that the sub standard item used for making floor will affect the quality of floors later. Hence this complaint.
3. Claim of the complainant is that, he is entitled to get Rs. 1,25,000/-(Rupees One lakh twenty five thousand only) for the financial loss suffered by him and Rs. 10,000/-(Rupees Ten thousand only) for the mental agony and hard ship suffered by him by the act of opposite party and Rs. 10,000/-(Rupees Ten thousand only) as cost.
4. On admission of the complaint notice was issued to the opposite party and notice served on him and he did not turn up. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to 3. Ext.A1 is the copy of Invoice for purchasing the marble dated 26/12/2020, Ext.A2 is the copy of Tax invoice for purchasing marble slabs dated 28/12/2020, Ext.A3 is the Photograph of the marble laid floor of complainant.
6. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint.
7. Hence we allow this complaint holding that opposite party is deficient in service.
- The opposite party is directed to give Rs.25,000/-(Rupees Twenty five thousand only) as the cost of the damaged marble to complainant.
- The opposite party is also directed to pay compensation of Rs. 5000/-(Rupees Five thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.5000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
