ANJALI NATH Vs. BHOWAL & CO

JUDGEMENT

(1.) THE complainant/petitioner purchased 'Dungri' stone from the respondent/opposite party for a house he was constructing, paying a sum of Rs.58,113/ - for the said marble stone. The complainant also claims to have incurred expenditure of Rs.13,800/ - on fixing the said stone. The case of the complainant is that the stone which she had purchased from the respondent and got fixed in her house cracked soon after it was got fixed. The complainant requested the opposite party to replace the cracked stone but the said request was not acceded to. Being aggrieved she approached the concerned District Forum seeking the refund of the expenditure incurred by her along with compensation and cost of litigation.

(2.) THE complaint was resisted by the opposite party alleging therein that the complainant had not even paid the entire price of the marble purchased by her and the complaint was barred by limitation. It was also stated in the reply that the opposite party had already instituted a suit against the complainant for recovery of the amount due from her. It was further stated in the reply that the complainant herself had chosen the stone on the basis of its quality and color and no complaint was made to them prior to 23 -06 -2008.

(3.) VIDE its order dated 12 -11 -2012 the District Forum directed the opposite party to refund the cracked stones or in the alternative refund the entire amount of Rs.51,183/ -. The opposite party was also directed to pay Rs.10,000/ - as compensation to the complainant. Cost of litigation quantified at Rs.5,000/ - was also awarded to the complainant.