JAIN HARDWARE & ELECTRIC STORE Vs. MAHENDER SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 15.1.2003 passed by District Forum, Rewari whereby the complaint filed by the complainant was accepted.

(2.) THE facts of the case as per version of the complainant are that on 18.12.2000 he had purchased a sprinkler set, PVC agricultural pipes, electric motor and several other parts for Rs. 42,920/ - from the opposite party for conducting boring and laying down PVC pipes in the said bore to irrigate his fields. As the opposite party has supplied low quality of PVC pipes, it squeezed as a result of which bore of the complainant was rendered non -functioning. Consequently, his crops suffered a loss to the tune of Rs. 1,50,000/ -. The complainant called upon the opposite party to pay the loss suffered by him due to low quality of PVC pipes but the opposite party intimated no response to him. Claiming deficiency in service, mental agony and harassment suffered by the complainant, a prayer for award of Rs. 1,50,000/ - was made in the complaint.

(3.) THE opposite party in the written statement submitted that he was ready to replace the defective pipes with new ones. But at the same time, stand of the complainant with regard to non -functioning of the bore having gone out of order and the damages of crop suffered by him was denied. Additional plea of non -joinder of necessary party to the manufacturer of the PVC pipes, is also raised.