ARVIND KUMAR GUPTA Vs. CHANDRA PRAKASH DIXIT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7.8.1992 passed by District Consumer Forum, Etawah in Complaint Case No.103/1991.

(2.) Briefly stated the facts of the case are that the complainant took up the expansion of his house in village Nauli, District Etawah. To put up the lintel, he purchased 35 bags of cement from the opposite party @ Rs.96/- per bag and a cash memo was obtained. Thus, an amount of Rs.3,360/- was paid to the opposite party in terms of the said transaction. The said cement was used in putting up the lintel on 8.4.1991 and the lintel was opened on 23.4.1991. The entire lintel came down because of the defective cement. Information to this effect was given to the opposite party and an amount of Rs.1,000/- was paid to the complainant as compensation and it was promised to him that an amount of Rs.3,000/- would be paid by 11.8.1991. The complainant was made to understand that a claim would be lodged with the Cement Company and as soon as the amount is received from the Company the same would be given to the complainant but the amount of Rs.3,360/- was not paid to the complainant and ultimately the opposite party refused to make the payment. The complainant lodged a claim before the District Consumer Forum for recovery of Rs.13,895/-which includes the cost of the cement and the damages caused to the construction and compensation.

(3.) The version of the opposite party before the District Consumer Forum was that 35 bags of cement were sold to the complainant on 7.4.1991 but the complainant did not use the cement in a proper manner and the construction carried out by the complainant was defective. The cement was purchased from M/s. Indas Lemenenters Private Limited and was the portland cement of ISI mark. The amount of Rs.1,000/- as compensation was not paid to the complainant nor there was any understanding between the two parties about the return of the rest of the amount of damages.