OM PRAKASH THATHUR Vs. INDIAN RAYON INDUSTRIES LTD

JUDGEMENT

(1.) Petitioner, Om Prakash Thathur (hereinafter referred to as the complainant) has filed this revision petition against the order passed by the State Commission, Delhi. The facts leading to this petition are that the complainant had filed a complaint before the District Forum, Delhi alleging that he had purchased Birla White Cement from the present respondent No. 2 M/s. Gupta Building material Store (for short Store) for laying the floors of his house. After the floors had been laid and polished, it was found that the floors were spotty and blackish at most places. After a few months cracks also developed in the floor. After inspecting the condition of the floor, the Store confirmed that the quality of the cement supplied for laying the floors was spurious and adultered and offered to compensate the claimant to the extent of 50 per cent of the cost of the white cement. The complainant was not satisfied with that offer and he filed a complaint before the District Forum, Delhi alleging that he had incurred an expenditure of Rs. 26,018.15 paise on the cement, marble chips, white powder and labour charges while laying the floors. He also claimed Rs. 16,400/- on the ground that on account of the defective floors he had to carpet the surface of the floors.

(2.) Respondent No. 1 M/s. Indian Rayon and Industries Ltd. were impleaded as respondent to the complaint, being manufacturer of Birla White Cement. They admitted that the white cement supplied to the complainant was defective and spurious. They, however, contended that they had no connection, whatsoever, with the Store who was neither an authorised stockist nor retailer of theirs.

(3.) The Store also contested the claim petition and pleaded that he was dealer of Birla White Cement manufactured by Respondent No. 1 and no responsibility or liability could be cast upon him.