SHEO MANGAL GIRI Vs. GHANSHYAM VERMA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 25.3.1996, passed by District Consumer Forum, Faizabad, in Complaint Case No.547 of 1993. Facts of the case, stated in brief, are as under :

(2.) The complainant had claimed compensation of Rs.25,800/- towards loss and Rs.15,000/- towards mental tension. According to the complainant, he purchased cement and iron from the opposite party No.1 and deposited Rs.4,000/- on 8.8.1993. Later on he was delivered 40 bags of cement and 2 qntls, 27 kilo 600 grams iron. The complainant used this cement in the roof of two rooms. But when the roofing was opened, after 10-11 days it developed cracks all over the roof and it later on cracked. The entire amount went as waste and he suffered a loss of Rs.25,800/- towards labour, materials etc. Opposite party No. (3) filed written statement alleging that same type of cement was sold to so many persons but there was no complaint from anybody. Opposite party Nos. (1) and (2) remained absent before the District Consumer Forum inspite of service.

(3.) The learned Forum after considering the facts of case found that it has not been proved by the complainant as to what type of defects in the cement the roof cracked. According to the learned Forum, it raises specific questions and there will be a detailed enquiry which cannot be taken by the Forum, hence the case be filed in a Civil Court. Keeping in view the facts of the case, we find that order of the District Consumer Forum, Faizabad, is correct and the complainant should seek the remedy from a proper Forum. Order