SHASHI RANI Vs. BHATIA CEMENT AGENCY

JUDGEMENT

(1.) This is complainants appeal against the judgment and order dated 19.3.2003 passed by District Forum, Haridwar, where the complaint of the complainant has been dismissed.

(2.) It is said that the complainant purchased 53 bags of cement for house construction. But the cement was below standard. It did not set. The complainant lodged the complaint and with the consent of the opposite party, three samples were taken. Two samples were given to the complainant and one was given to the opposite party. The complainant sent the sample to the Chemistry Department of Roorkee Engineering University for testing. He paid handsome amount in the testing. On testing, the cement was found to be not of the standard qualifications. Therefore, the complainant claimed compensation and cost of litigation.

(3.) In the case besides the agency from where the cement was purchased i. e. Bhatia Cement Company, A. C. C. Cement Company was also made a party. Both the complainants filed a separate written statement. However the opposite party No.1 alleged that instead of 53 less bags were purchased. There was dispute of some price, therefore, to blackmail, a false complaint was filed. It was alleged that the complainant has purchased A. C. C. cement of PPC brand, whereas, it was chemically tested for OPC brand and the standard of both the cements are different.