RAKESH KUMAR GUPTA Vs. SURAYA STEEL HARDWARE

JUDGEMENT

(1.) Present Revision Petition has been preferred on behalf of the petitioner/complainant, challenging Order dtd. 18/4/2018 passed by learned State Consumer Disputes Redressal Commission, UP, Lucknow (hereinafter referred to as "State Commission"), whereby the First Appeal No.934 of 2016 preferred by the respondent/opposite party was allowed. Thereby the Order dtd. 31/3/2016 passed by the learned District Consumer Disputes Redressal Forum, Jaunpur allowing CC No.40 of 2015 was set aside.

(2.) Facts fall within a narrow compass. Petitioner/complainant claims to be a contractor engaged in construction work on a small scale for earning his livelihood by way of self-employment. Complainant undertook a construction contract worth Rs.2.00 lacs for construction of house of one Vanshraj Yadav and for execution of contract purchased SS steel pipes weighting 9 kg. 900 gms. from Surya Steel Hardware (OP/respondent) for a total consideration of Rs.43,277.00 along with 26 'stap' for Rs.7,100.00 and other construction material. Complainant further claims to have purchased 180 pieces of 'Dandli', which were found unsuitable for intended work due to incorrect dimensions.

(3.) Complainant alleged that an excess amount of Rs.60.00 per pipe, totalling Rs.1,560.00 was charged by OP. Further, SS pipes supplied by the OP/respondent were deficient in weight by approximately 2.8 kg per pipe and when the complainant sought replacement of 32 defective pipes, the same were neither replaced, nor refund was made by OP. Consequently, complainant claims to have suffered substantial financial loss owing to supply of deficient and defective material by the OP.