S ASHOK KUMAR Vs. C J SUJATHAN

JUDGEMENT

(1.) -THIS revision is directed against the order dated 22. 8. 2003 of Consumer Disputes Redressal Commission, Thiruvananthapuram allowing appeal against the order dated 22. 12. 1999 of a District Forum and dismissing the complaint. The District Forum had allowed the complaint filed by the petitioner with direction to the respondent to pay amount of Rs. 80,000 as refund, pay Rs. 5,000 as compensation and cost to the petitioner.

(2.) COMPLAINT was filed, inter alia, alleging that the petitioner had completed the house in December 1997 at Muttada, Thiruvananthapuram. Respondent/opposite party dealer of granites and marbles approached him when construction of the house was nearing completion, for providing granite and marble slabs and tiles. Respondent demanded Rs. 12 per sq. ft. as labour charges, Rs. 190 per sq. ft. for granite slab and Rs. 70 per sq. ft. for tiles. Total area where the work was to be done was 1427 sq. ft. It was alleged that after settlement of rates, the respondent got the granite slabs and tiles laid. It is stated that the slabs and tiles supplied were of inferior quality and some of them were having discolouration. Respondent removed only some of the broken slabs and tiles. Total amount to be paid to the respondent was Rs. 1,40,940 but he collected a sum of Rs. 1,59,400 from the petitioner. Refund of this excess amount of Rs. 15,090 was sought in addition to removal/replacement free of cost of all the granite slabs/tiles which were broken and having dis-colouration. In the event of refusal to lay new slabs and tiles an amount of Rs. 65,000 was claimed. Amount of Rs. 50,000 was further claimed towards compensation for mental agony by the petitioner. Plea taken in the written version by the respondent was of total denial. It was alleged that the petitioner never purchased any goods from the respondent nor did the respondent supply any goods to him. There was no transaction of sale of any materials between the parties.

(3.) IN support of the complaint, the petitioner filed his affidavit and affidavit of G. Komalan Nair. He also filed the receipt Ex. P-1. In rebuttal, the respondent filed his affidavit. Petitioner and his witness were cross-examined by the respondent. Likewise respondent was cross-examined by the petitioner.