ORIENT CERAMICS AND INDUSTRIES LIMITED Vs. SATISH SIBBAL

JUDGEMENT

(1.) SATISH Sibbal respondent No. 1 (in short "the respondent") had purchased 70 boxes of Orient Tiles from M/s. Jagmohan Malhotra and Company respondent No. 2. These were manufactured by M/s. Orient Ceramics and Industries Ltd. i.e. the appellants. Each box contained 15 tiles and each tile covered an area of 1 sq. feet. The respondent purchased these tiles for constructing a clinic for his son Dr. Chand Sibbal and for the residential house.

(2.) IT was further pleaded that the tiles lost their polish finish within a period of two months. Dr. Chand Sibbal informed the appellants and respondent No. 2 but they failed to redress the grievances of the respondent. Alleging deficiency in service on the part of the appellant and respondent No. 2, the respondent filed a complaint against them in the District Consumer Disputes Redressal Forum, Gurdaspur (in short "District Forum") for refund of the amount. Compensation, interest and costs were also prayed.

(3.) THE appellants and respondent No. 2 filed the joint written statement. It was pleaded that the respondent had not produced the bill for having purchased 70 boxes of tiles. The quantity and quality of the tiles had not been specified. The tiles lost their polishing and colour not due to its poor quality but due to wrong maintenance and wrong usage of the tiles. Moreover the tiles were purchased by the respondent for bed room and not for clinic. The wear and tear of the tiles was more in clinic as compared to the same in the bedroom because of the frequent movement of the patients, wheel chairs, clinical trollies, etc., in the clinic.