BIRENDER SINGH Vs. JAGDISH

JUDGEMENT

(1.) These revision petitions arise out of the common order dated 27th February 2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula, Additional Bench ('the State Commission') in FA no. 111 of 2011 which was filed by the original complainant Mr Jagdish against the order dated 27th December 2010 passed by the District Consumer Disputes Redressal Forum, Jind ('the District Forum') in Complaint no. 191 of 2010, dismissing the complaint. For the convenience, the parties will be referred as complainant and OPs as mentioned in the order of the District Forum.

(2.) The brief facts relevant for the disposal of these revision petitions are that the complainant Jagdish purchased 362 bags of cement @ 227/- Per bag on 27.11.2009 at a cost of Rs.82,174/- vide bill no. 101. The complainant used the cement for his construction, however, after sometime the plaster started pouring down in bits and pieces and finally within a period of three months all the plastering on the walls came down. The complainant sent a legal notice on 17.02.2010. Opposite party no.1 Proprietor M/s Shree Laxmi Cement denied that any cement was purchased by the complainant from his shop/ agency. Consequently, the complainant filed the consumer complaint being Complaint no.191 of 2010, before the District Forum against the OPs. Both the parties contested the complaint and District Forum dismissed the complaint vide its order dated 27.12.2010.

(3.) Complainant preferred an appeal against the order of the District Forum before the State Commission being FA no. 111 of 2011. The State Commission vide its order dated 27.02.2012, held as under: