UDAY SURESHRAO SHASTRI Vs. MALANI TRADERS & ANR

JUDGEMENT

(1.) THIS appeal takes an exception to the judgment and order dated 20.6.2013 passed by District Consumer Forum, Aurangabad dismissing consumer complaint No. 692/2008. For the sake of brevity the appellant is hereinafter referred as "complainant" and the respondents as "opponents".

(2.) BRIEF facts giving rise to this appeal are that, opponentNo. 2 H.R. Jonsons India Limited is a tiles manufacturing company. Opponent No. 1 proprietor Malani Traders is a dealer of opponent No. 2. On 15.7.2008 complainant Dr. Uday Shastri purchased 50 boxes of tiles of premium quality from opponent No. 1. The price of each box was of Rs. 495. Thus, the complainant has purchased tiles worth Rs. 24,750 from opponent No. 1 vide purchase voucher No. 3683. It is alleged by the complainant that after purchasing the tiles when those tiles were used by fixing in his newly constructed building, it was noticed that the tiles are of sub -standard quality. It is also alleged that out of 50 boxes of tiles, the tiles of 9 boxes were found damaged and the tiles of one box were of different design, etc. and 90% remaining tiles were bend. Therefore, the complainant made orally complaint with opponent No. 1. However, opponent No. 1 asked him to approach opponent No. 2 manufacturing company. Thereafter by notice dated 31.7.2008 the complainant claimed compensation Rs. 25,000 and Rs. 25,000 more for causing mental harassment and Rs. 1000 more towards cost of notice. The opponent No. 1 by reply denied the claim. Therefore alleging deficiency in service on the part of opponents the complainant filed the consumer complaint, claiming compensation of Rs. 50,000 with interest @ 12% p.a. and Rs. 25,000 more compensation for causing mental torture.

(3.) THE opponents 1 and 2 by separate written version resisted the complaint on the following among other ground: