LAWS(KERCDRC)-2007-10-1

SREE MASTHI ENTERPRISES Vs. KALLINGAL IQBAL

Decided On October 26, 2007
SREE MASTHI ENTERPRISES Appellant
V/S
KALLINGAL IQBAL Respondents

JUDGEMENT

(1.) THE opposite party in O.P. No. 124/2001 before the CDRF, Malappuram has come up in appeal against the order dated 29.5.2002 whereby the lower Forum has ordered the opposite party to refund Rs. 1,37,486.97 being the price of the tiles together with interest @ 12% p.a. from 17.2.2001 till realisation and pay cost of Rs. 5,000 within 3 weeks from the date of receipt of order.

(2.) THE facts of the case berefit of unnecessary details are that the complainant had selected 132 cartons of tiles from the shop of the opposite party and the price of Rs. 1,37,486 had to be paid to the driver at the time of delivery of the tiles. However, when the cartons of tiles were delivered, it was found that they were not of the type of tiles selected by the complainant and the tiles were defective and differed in designs and as such the complainant requested for taking back the tiles and return the money paid by him. As the opposite party had neither returned the money nor had taken back the tiles, the complainant had to pave the tiles in his house and finding that the tiles did not given him satisfaction, the complaint was filed praying for directions to refund the price of Rs. 1,37,487 with 24% interest together with Rs. 25,000 towards paving charges, Rs. 1,50,000 towards mental agony and costs of Rs. 5,000.

(3.) ON getting notice from the Forum the opposite party entered appearance and filed version inter alia stating that the complainant himself had taken delivery of the tiles selected by him by paying the amount, Against the allegation that the tiles were delivered by the opposite party, it was also contended that the complainant had selected the 2nd quality tiles which were of lesser value and the opposite party had not given any assurance regarding the quality of the tiles. The further case of the opposite party is that if the tiles were defective, the complainant ought to have filed a complaint then and there instead of laying the same and as the complaint lacked bona fides the opposite party prayed for dismissal of the complaint. The Forum below has found that the opposite party resorted to unfair trade practice by selling damaged goods and has ordered for the refund of the price of Rs. 1,37,486.97 with 12% interest from 17.2.2001 till realisation along with Rs. 5,000 as costs with a further direction to the opposite party not to sell seconds and commercial grade articles without hanging a board that commercial grade and seconds are inferior and damaged quality goods and no guarantee with regard to the quality colour in respect of commercial and second grade tiles.