R.S.VAIDEESWARAN Vs. PROPRIETO HARDWARES

JUDGEMENT

(1.) The consumer unable to get a favourable order as desired, has come before us, as appellant.

(2.) Brief facts, necessary for the disposal of the complaint: The complainant had purchased 30 bags of LANCO brand cement on 23.10.2007, from the 1st opposite party, who is the seller, from the dealer/ 2nd opposite party, which was manufactured, by 3rd opposite party, for the purpose of doing weathering work in his building. When the weathering work was carried out, the cement does not get set, causing problem, which was informed to the 1st opposite party, who inturn informed the matter to the 2nd opposite party.

(3.) A person in charge of the 2nd opposite party, requested the complainant to wait for a day, to get the cement to set, but the cement did not get set at all, which was informed, for which the 2nd opposite party, admitting that they have sold defective BAGS of cement, agreed to replace 10 bags of cement, for which the complainant is not willing. Because of the non-settling of the cement, supplied by the opposite parties, and additional work involved, the complainant suffered mental agony, hardships, for which he should be compensated by paying a sum of Rs.1 lakh, in addition to a sum of Rs.34000/-, being the cost of purchase of 30 bags of cement, as well as the value of the cement, labour charges etc., Thus, alleging defective cement supplied (probably manufacturing defect), a consumer complaint was filed, before the District Forum.