SHAKUNTALA DEVI SAINI Vs. HARYANA SANITATION & ORS

JUDGEMENT

(1.) KHEM Chand Saini husband of appellant No.1 and father of appellants No. 2 to 4 was constructing his house and he needed glazed wall tiles. Respondent No. 1 was running the business of selling sanitary fittings including the glazed wall tiles. Respondent No.1 represented that the glazed wall tiles of Orient make of the size of 8 inch x 6 inch were the best tiles. These were manufactured by respondents No.2 and 3. Respondent No.1 also undertook the responsibility about the good quality of the tiles and its durability etc. Khem Chand aforesaid was allured by these representations.

(2.) IT was further pleaded that Khem Chand aforesaid needed 66 boxes of tiles of glazed wall tiles. Respondent No. 1 was having only 28 boxes. These were purchased by him from respondent No. 1 on 20.08.2002 for an amount of Rs.4900/ -. Respondent No.1 further sold six boxes of Orient make glazed wall tiles of 8 inch x 6 inch to the appellants on 18.11.2002 for Rs. 1620/ -and further supplied 17 boxes of same kind of tiles vide bill dated 30.11.2002 for Rs.4760/ -. Respondent No. 1 further supplied/sold 15 boxes of these tiles to the appellants for the value of Rs.4200/ - claiming the quantity and quality of the Orient glazed wall tiles to be excellent. In all, respondent No.1 sold 66 boxes of the glazed wall tiles to Khem Chand predecessor of the appellants for the value of Rs. 15,480/ -.However, the bill for 15 boxes of tiles amounting to Rs.4200/ - was not given by respondent No.1 to the appellants.

(3.) IT was further pleaded that the appellants had engaged Ram Sunder Yadav as a Stone Contractor for fitting these glazed wall tiles in his house who received a sum of Rs. 5683.84 as labour charges for fixing these tiles in an area of 947 square feet. The appellants had also used 41 boxes of cement for the value of Rs.6005/ - along with 300 square feet sand amounting to Rs. 1200/ -. The appellants also used 25 kg white cement for fixing these tiles for the value of Rs. 245/ -.