BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 23rd day of November 2013
Filed on :15/06/2012
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member
CC.No. 358/2012
Between
Jaison Sebastian, : Complainant
Peechattu house, (party-in-person)
Nellimattom P.O.,
Kothamangalam-686 693.
Vs
1. Somany Ceramics Ltd., : Opposite parties
Kassar 124507, (By Adv. Roy Varghese,
Dist. Jhaggar, Bahadurgarth, Malieckal Buildings, High
Haryana, India. Court Road, Ernakulam,
Cochin-682 031)
2.Aiswarya Marbles & Flooring,
Gurukripa, 31/986-C, Chettichira,
S.C Bose Road, Vyttila,
Kochi-682 019.
O R D E R
Sheen Jose,Member.
The case of the complainant is as follows:
The complainant purchased 1230 Nos. of Real wood pine floor tiles from the 2nd opposite party for Rs. 78,560/- for laying it in his newly built up house. The first opposite party is the manufacturer of the tiles. After laying the tiles, the complainant noticed colour changes in some of the tiles. Instead of supplying entire real wood pine colour tiles, they supplied some tiles having different colours. Thereby the appearance of the floor is ugly and disparity. The act of the opposite parties to supply tiles having different colours amounts to deficiency in service. The complainant spent Rs. 97,000/- towards laying charges alone. In order to replace the laid up tiles he had to spent Rs. 2,00,000/-. He paid Rs. 78,500/- towards the price of the tiles. Altogether he is entitled to get Rs. 3,75,000/- from the opposites parties. Therefore he prayed that this Forum may be pleased to allow the relief sought for as stated above along with cost of this proceedings.
2. The version filed by the opposite party is as follows:
The above complaint is not maintainable in this Forum. The opposite parties denied that the tiles having different colours are supplied to the complainant and that the appearance of the floor is ugly. The tiles are of the same pattern and design. There is no colour change, variation or not have any disparity in its appearance. The tiles manufactured by it conforms to the quality requirements of Group B1 a EN 176, ISO 13006: 13630 & IS 15622 : 2006. It has been noticed in the carton itself that any defect in it has to be brought to the notice of the opposite parties before laying them, the opposite parties are prompt in replacing the tiles in all cases where such a demand has been made prior to laying. After laying he had not raised any grievance for a long period. The amounts claimed by the complainant are not liable to be paid by the opposite parties and the complaint is liable to be dismissed.
3. No oral evidence was adduced by both the parties. . Ext. A1 and C1 marked on the side of the complainant.
4. The following points arise for consideration.
i. Whether the complaint is maintainable in this forum?
ii. Whether there was any deficiency in service on the part of the
opposite parties?
iii. Whether the complainant is entitled to get refund of the price of
the tile and laying charges from the opposite party.
iv. Reliefs and costs.
5. Point No. ii & iii. The opposite parties in their version challenged the question of maintainability of this complaint in this Forum. After that they have not taken any steps to prove the same. No contrary evidence from the side of the opposite party. The Forum found that the complaint is maintainable in this Forum.
6. Point No. ii. As per Ext. A1 invoice the complainant had purchased 1230 Nos. Real wood pine floor tiles from the 2nd opposite party for Rs. 78,560/- for paving it in his newly built house. The 1st opposite party is the manufacturer of the tiles. The 2nd opposite party is the dealer of the 1st opposite party. The grievance of the complainant is that instead of entire pine colour tiles the opposite party supplied some tiles having different colour and low quality, thereby the appearance of the floor is ugly and disparity. He had spent Rs. 97,000/- towards laying charges and Rs. 78,000/- towards its price. The opposite parties denied all the allegations in the complaint.
7. As per the request of the complainant to prove his case the Forum appointed an expert commissioner to examine the present condition of the tiles paved in the floor. The commissioner filed his report marked as Ext. C1. In his report he stated as follows:
“The floor of the rooms were laid by using Real wood pine tiles are visible one light shade and another comparatively dark shade but of same design. This variation in colour occurs as the tiles are from two Batches. Slight variation in colour may occur for each Batch as separate mixing is done for each Batches at the time of manufacturing in the Factory. The colour variation for the tiles laid on the floor can be easily recognize to any person. It makes an impression that tiles are of second quality, which is usually much cheaper than the 1st Quality tiles. Out of 96.78 S Sq. Mts of tiles measured in all the rooms, 40.32m2 quantity of tiles area is of different shade. As the colour changed tiles are laid not in order, we cannot replace it without disturbing the nearby tiles. Hence the whole area is to be removed and replacing with new tiles for the good finishing inside the rooms. The measurements taken inside each rooms and the area of colour varied tiles compared to the sample supplied by the shop owner is given below in detail
Actual quantity Colour variation
Bed room 3.25x4.10 = 13.32 19x060x0.60 =6.84
Passage 2.85x1.53 = 4.36 6x0.60x0.60 =2.16
Bedroom 4.10x3.25 = 13.32 14x0.60x0.60 =5.04
Hall 5.62x4.08 = 22.84 20x0.60x0.60 =7.20
Bed 3.25x4.05 = 13.16 20x0.60x0.60 =7.20
Passage 1.56x1.10 = 1.71 4x0.60x0.60 = 1.44
Dining 3.96x3.35 = 12.87 10x0.60x0.60 =3.60
Drawing 3.95x3.85 = 15.20 19x0.60x0.60 =6.84
96.782M2 40.32M2
(1041.35Sq.ft) (433.84Sq.ft)
Total Area :96.78 m2 = 1041.35 Sq.ft
Tile Material cost 1041.35 x Rs.72/Sq ft = 74977.20
Cost of Cement, Sand &
Other Labour Charges for laying 1041.35 x35/Sq.ft 36447.25
Total : 11142.45
Say Rs. : 1,11,000/-
For replacing the whole area tiles an amount of Rs. 1,11,000/- is required.”
8. Point No.iii and iv. From the above findings of the Commission Engineer of the commission engineer, we are of the view that the opposite parties are liable to pay Rs. 1,11,000/- to the complainant for replacing the tiles and also towards the costs of these proceedings.
9. In the result, we partly allow the complaint as follows:
i. The opposite parties shall jointly and severally pay to the complainant Rs. 1,11,000/- for replacing the tiles.
ii. The opposite parties shall jointly and severally pay to the
complainant Rs. 15,000/- towards costs of these proceedings.
The above said order shall be complied with within a period of 30 days from the date of receipt of a copy of this order, failing which the amount shall carry interest @ 12 p.a. from the date of filing of this complaint till realization.
Pronounced in the open Forum on this the 23rd day of November 2013
Sd/-
Sheen Jose,Member.
Sd/-
A Rajesh, President.
Sd/-
Beena Kumari V.K.,Member
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of retail invoice dt.
C1 : Commission report
