IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

SRI. C.V. MARGOOR, PRESIDENT

O R D E R

1. This complaint filed by Mr. B.M. Ganapathy s/o. late Bollachanda Monnaiah resident of Iymangala Village, Virajpet Taluk, Kodagu District with a prayer to direct the opponent to pay a sum of Rs.55,000/- for supply

of defective roofing tiles.

2. That on 30/01/2017 the complainant has purchased Class Superior Quality Amar Jyothi Brand Earthen Roofing Tiles and Class Ridges from the opponent for a sum of Rs.27,955/-.  The opponent has charged Rs.481/- towards service charges and Rs.1,564/- as VAT at the rate of 5.5%.  Thus the complainant has paid total a sum of Rs.30,000/- for purchase of tiles.  The opponent has assured that the tiles are leak proof.

3. It is alleged in the complaint that within a span of short period of putting the tiles it started leakage during rainy season.  The complainant has complained leakage of water through tiles to the opponent through telephone and personally visiting him.  The opponent has failed to respond to the same.   The complainant has incurred more than Rs.15,000/- to travel from Virajpet to Kundapura and visa-versa in order to approach the opponent to get replacement of the defective tiles.  The complainant has claimed total sum of Rs.55,000/- which includes Rs.30,000/- value of the tiles, Rs.15,000/- travelling and miscellaneous expenses and Rs.10,000/- cost of this proceedings.

4. The opponent despite the personal service of notice sent by registered post acknowledgement due was proceeded exparte.

5. The complainant filed his affidavit in lieu of evidence and got marked exhibits P1 to P3 documents.

6. We heard the arguments advanced by learned counsel for the complainant and the points that would arise for determination are as under;

1. Whether the complainant proves that the roofing tiles supplied by opponent are defective?

2. Is complainant entitled to the relief sought for?

3. What order?

7. Our findings on the above points is as under;

• Point No.1:- In the Negative
• Point No.2:- In the Negative
• Point No.3:- As per final order for the below

R E A S O N S

8. Point No.1 to 3 :- The learned counsel for the complainant argued that the tiles sold by the opponent are defective since there was leakage of water during rainy season.  The complainant marked exhibit P1 tax invoice issued by the opponent i.e. Supreme Tile Works, Tallur, Kundapur dated 30/01/2017.  According to exhibit P1 the complainant has purchased 2300 Class Superior Quality Amar Jyothi  Brand  Earthen Roofing Tiles and 89 Class Ridges and price of the tiles is Rs.30,000/-.  Thus the complainant has proved the purchase of Earthen Roofing Tiles from the opponent vide exhibit P1 bill for Rs.30,000/-.

9. This Forum has issued notice to the complainant to produce sample tiles to know their quality etc.  On 02/02/2019 the complainant has produced two sample tiles purchased from the opponent.  That on 20/02/2019 this Forum has tested the quality of the sample tiles.  I stored water by laying wet mud on either edges of the tiles to prevent flow of water.  Water was stored about more than four hours by keeping the tiles on plastic buckets of the Forum.  Before storing water I personally checked the tiles then did not notice any cracks or fissure on both sides of the tiles.  For every one hour I got put water on the tiles but even after more than four hours I did not notice not only leakage but also dampness.   I did not notice single drop of water leakage from both the tiles.  Even after moisture test there was no dampness on the back of tiles. 

10. The complainant has not produced any photographs taken during rainy season to show that either tiles have moisture or dampness or leakage of water.  Except oral allegations made in the complaint there is no material or evidence support the said leakage.  This Forum by collecting two sample tiles made moisture test by storing water on the tiles by laying wet soil or mud on either edges of the tiles to prevent leakage of stored water.  Though water was stored continuously for more than four hours from 12-00  O’ clock noon to 4-15 p.m I did not notice even moisture or damp on the back side of the tiles.  Thus the complainant has failed to prove that the tiles sold by the opponent are defective and he found leakage during rainy season.  Therefore, the complainant is not entitled for any of the reliefs sought for.  Accordingly, we proceed to pass the following;

O R D E R

1. The complaint filed by Mr. B.M. Ganapathy s/o. late Bollachanda Monnaiah, resident of  Iymangala Village, Virajpet Taluk is hereby dismissed.
2. In the circumstances of the case, no order as to cost.
3. Furnish copy of the order to the complainant and opponent at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 23^rdday of FEBRUARY, 2019)

                                                    (C.V. MARGOOR)

                                                          PRESIDENT 

                                                  (M.C. DEVAKUMAR)

                                                           MEMBER