ASSOCIATED CEMENT COMPANIES LIMITED Vs. HUKUM SINGH

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 27.11.2007 passed by District Consumer Forum, Yamuna Nagar at Jagadhri whereby the appellant -opposite parties have been held deficient for supplying of sub -standard cement to the complainant (respondent herein).

(2.) IT is the case of the complainant that he had purchased 45 bags of A.C.C. Cement for Rs. 9,450 from the appellant -opposite party No. 1 who is the authorized dealer of the opposite party No. 2. According to the complainant the opposite party No. 1 issued bill for 20 bags only on 3.8.2006 and did not issue any bill for other 25 bags which were purchased by him on 16.8.2006. It is further the case of the complainant that the cement supplied by the opposite parties to him was of sub -standard quality cracks developed in the walls where the cement was used in construction of his house due to which the construction/plaster started falling down. The complainant further alleged that he reported the matter to the opposite parties upon which his house was inspected by the Engineers of the opposite parties who reported that the cracks had developed due to defective/substandard cement but despite repeated requests the opposite parties did not pay any compensation to the complainant. Thus, alleging it as deficiency in service on the part of the opposite parties, the complainant sought direction to the opposite parties to refund the price of the cement and to pay compensation of Rs. 1,00,000 on account of financial loss, mental agony, physical harassment and cost of proceedings.

(3.) UPON notice, the opposite parties appeared and contested the complaint. In the written statement they admitted supply of 20 bags of ACC cement to the complainant, however, denied the supply of 25 bags of cement on 16.8.2006, as alleged by the complainant. They further took the plea that the cement supplied by them was fulfilling the requirements and parameters as per IS: 1489 -1991 and the cement was of very good quality. They further stated that for getting the best results, a proper mixing of cement, sand and water of good quality and proper quantity besides the place of mixing are to be taken into consideration and a person who does not take care of the above said requirements, can have the bad results. The opposite parties in the month of July, 2006 supplied 1688 Mts i.e. 37760 bags of ACC cement in Yamuna Nagar area and further supplied 1992 Mts i.e. 39840 bags in the month of August, 2006 but no complaint was received from any consumer. The opposite party No, 1 had received the consignment of 87 mts. i.e. 1740 bags in the month of July, 2006 and 37.5 mts. 750 bags in the month of August, 2006 and sold the same to various customers but no complaint was received from any purchaser except the complainant. Thus, denying any kind of deficiency in service on their part, the opposite parties prayed for dismissal of the complaint.