R.P.Patel vs KANTILAL HARGOVANDAS SHAH

THE respondent is the original complainant who had purchased tiles from the appellant - original Opponent THE said tiles were fixed in his residence and thereafter when the same where polished it was found that the tiles were of inferior quality. THE chips came out with the result that the complainant had to remove those tiles and had to spend large amount for fixing and polishing.

THE District Forum after considering the evidence and documents on record came to the conclusion that the tiles were of inferior quality. Even the cheque which was given by the opposite party was dishonoured. With regard to this cheque the appellant states that the cheque was given in respect of other transaction. Even if we accept that there was a compromise and cheque was given towards the compromise, we have no material to come to the conclusion that at what amount the compromise was arrived at between the parties. We are, therefore, not in a position to accept the theory regarding the cheque. However, we find no error committed by the District Forum in accepting the case of the complainant that the tiles were defective. Therefore the complainant would be entitled to the return of the price of the tiles.

However, the complainant has fixed the tiles in his residence and has spent considerable amount and has claimed an amount of Rs. 9,589.79. It cannot be disputed that the complainant had to spend for fixing and polishing the same. However no bill or voucher has been produced by the complainant to show that he has actually spent the said amount except his own evidence. If the tiles are worth Rs. 9,399.13 we cannot accept the amount of Rs. 9,589.79 for fixing and polishing of the tiles. It may also be remembered that the tiles were in the process of polishing when the chips came out. That means that the polishing job was not completed. In absence of specific evidence the District Forum has committed an error in accepting the amount exceeding the cost of the tiles as labour and material charges. We are, therefore, required to assess the fixing and material charges which we assess at 40% which will come to Rs. 3,760/-. We therefore direct that the opposite party will pay Rs. 3,760/- towards the labour and material cost. The complainant is entitled to the decree of Rs. 9,399/- plus Rs. 3,760/- i.e. Rs. 13,159/-. The District Forum has awarded interest @ 12% p.a. from the date of application till the payment. We do not find any error committed by the District Forum awarding the interest. ORDER The appeal is partly allowed. The appellant will pay Rs. 13,159/- to the respondent-complainant with running interest @ 12% from the date of complaint till the amount is recovered and pay cost of Rs. 250/- awarded by the District Forum. With regard to cost of this Commission, since the appeal has been partly allowed, we pass no order as to cost of this appeal. The appellant will pay the aforesaid amounts within four weeks from today. Appeal partly allowed.