(1.) Both the fora have decided the case against the petitioner/ OP1. There appears to be no question of law which needs adjudication. However, the counsel for the petitioner insists that the facts were not rightly appreciated.
(2.) The facts germane to this case are these. Bapu Chintamani Ronge, the complainant, is an Agriculturist, who wanted to dig a water tank in his field for storing water in the said tank, which required a multilayer polythene sheets. The complainant purchased polythene sheets from Essen Multipack Limited, OP1/petitioner, through its dealer, S.P.A. Flora Pvt. Ltd., which was arrayed as OP2, in the complaint. Those polythene sheets were laid by one, Sh. Omkar Agro, OP3.
(3.) The said sheets were purchased on 26.08.2007 and kept the same in cold storage. Those were actually laid on 05.07.2008. It transpired that the sheets were leaking. Consequently, the water from the tank percolated elsewhere and it affected other portion of his land. There could be two reasons, either these sheets might not be of 500 microns thickness or they might not have been properly laid by OP3. A complaint was filed claiming compensation in the sum of Rs.15,00,000/-, before the District Forum.