MOHMD YAQOOB SHAH Vs. GHULAM RASOOL WANI

JUDGEMENT

(1.) THIS Civil Misc. First Appeal has arisen out of an order dated: october 7, 1998 passed by the Jandk State Consumer Protection commission, Srinagar (hereinafter to be referred to as "the commission") in complaint No. 288/1994 whereby the Commission has awarded a sum of Rupees one Lakh as compensation against the claim amount of Rs. 95,000/ -.

(2.) A few relevant facts in the back drop of the case are that the appellant is a stockiest and Distributor of respondent No. 2 Jandk cements Ltd. a Corporation, manufacturer of Jhelum Brand Cement. The appellant has also his retail outlet at Baghat-i-Batzalla, Srinagar. The respondent No. 1 (hereinafter called "the Respondent") has stated in the complaint that he intended to construct an extension of his house located No. 106 located at Baghat Chowk, Barzulla, Srinagar. He purchased 50 bags of jehlum Brand cement against cash memo No. 628 dated 31. 8. 1993, (figure 8 i. e. month depicted in the cash memo dated: 31. 8. 1993 is interpolated), from the appellant for a sum of Rs. 6600/ -. He used the said cement in lying RCC slab with other requisite slab material. He spent Rs. 45,000/- for laying the slab which was ready on 4. 10. 1993. On 31. 10. 1993 the shattering of the slab was removed and immediately thereafter the slab fell down. It is further stated that the respondent No. 1 has taken all the requisite precautions at the time of laying the slab, such as, engagement of expert and skilled labour and assistance of a Civil Engineer. According to the respondent, the slab fell down as a result of use of the substandard quality of cement sold to the respondent by the appellant.

(3.) THE respondent No. 1 lodged a written complaint on November 1, 1993 with the respondent No. 2. He deputed his Manager Quality control who collected the samples and some fragments of RCC slab. The respondents also lodged an FIR with Police Station, Saddar on 4. 11. 1993. The appellant also collected himself samples of the fallen slab and sent to the Regional Engineering College Laboratory, Srinagar for testing of the used cement. Report of the laboratory was received on 20. 12. 1993, the fact of falling down of the slab was also published in news columns of Kashmir Times and Greater Kashmir on 14. 01. 1994. It is further stated that the respondent is a retired government Officer and his earning has gone waste because of the unfair practice of the respondent. He suffered a loss of Rs. 45,000/due to falling down of the slab measuring 6 * 20 sq. ft and Rs. 25,000/-on account of dismantling the rest of the extended construction, damage to bricks, steel and wooden material, such as, doors, windows etc. , which were fixed under the roof. He also claimed a sum of Rs. 25,000/-on account of loss of labour charges and other connected expenses with further claim of Rs. 25,000/- for mental torture, inconvenience, loss of time and the fees paid to the Lawyer. However, he ultimately prays only for compensation of Rs. 70,000/- as loss towards the felling down of the slab and other material and Rs. 25,000/- on account of mental torture and inconvenience etc,