SATYAM FLOORINGS Vs. VIJAY LAXMI TRANSPORT CO

JUDGEMENT

(1.) FOR supply of inferior quality of floorings, the appellant vide impugned order dated 6.6.2005 has been directed to refund Rs. 8,380 towards the cost of the flooring along with 9% interest from the date of purchase of goods and Rs. 5,000 as compensation for mental agony and Rs. 1,000 as cost of litigation. Feeling aggrieved, the appellant has directed this appeal.

(2.) ADMITTEDLY , the first lot of flooring was purchased by the respondent from the appellant on 28.11.2003 for a sum of Rs. 7,073. Due to shortage of flooring for the same premises, the respondent ordered for more flooring of same quality and colour measuring 503 sq. ft. against the payment of Rs. 8,380. The flooring of the second lot started loosing its colour and became dark at places. Some quantity of the same was taken by the respondent for producing before the District Forum which showed that flooring was of inferior quality and was not upto the standard. Against this, the respondent took the stand that the appellant did not assure the respondent that flooring is of super fine quality and moreover the fading of shade and colour of the flooring depends on the use of the flooring. For instance it will fade in sunlight and also by weight of goods placed on the flooring or by sledging of goods on flooring. The flooring in question was manufactured by the same manufacturer which is evident from trade mark on both the floorings. Since there was no complaint with regard to the first lot in question, the complaint in the second lot did not arise as the defects in the flooring were developed due to misuse.

(3.) BE that as it may the fact remains that second lot was found defective as the complaint was only against the second lot which got spoiled within three months of its use. The flooring started loosing its colour and became dark at places and in spite of several personal requests for replacing the damaged part of the inferior quality of flooring the appellant did not pay any heed rather wrote that he had not given any assurance that it was of super fine quality.