Satyam Floorings vs Vijay Laxmi Transport Co

FOR supply of inferior quality of floorings, the appellant vide impugned order dated 6.6.2005 has been directed to refund Rs. 8,380 towards the cost of the flooring along with 9% interest from the date of purchase of goods and Rs. 5,000 as compensation for mental agony and Rs. 1,000 as cost of litigation. Feeling aggrieved, the appellant has directed this appeal.

ADMITTEDLY , the first lot of flooring was purchased by the respondent from the appellant on 28.11.2003 for a sum of Rs. 7,073. Due to shortage of flooring for the same premises, the respondent ordered for more flooring of same quality and colour measuring 503 sq. ft. against the payment of Rs. 8,380. The flooring of the second lot started loosing its colour and became dark at places. Some quantity of the same was taken by the respondent for producing before the District Forum which showed that flooring was of inferior quality and was not upto the standard. Against this, the respondent took the stand that the appellant did not assure the respondent that flooring is of super fine quality and moreover the fading of shade and colour of the flooring depends on the use of the flooring. For instance it will fade in sunlight and also by weight of goods placed on the flooring or by sledging of goods on flooring. The flooring in question was manufactured by the same manufacturer which is evident from trade mark on both the floorings. Since there was no complaint with regard to the first lot in question, the complaint in the second lot did not arise as the defects in the flooring were developed due to misuse. Be that as it may the fact remains that second lot was found defective as the complaint was only against the second lot which got spoiled within three months of its use. The flooring started loosing its colour and became dark at places and in spite of several personal requests for replacing the damaged part of the inferior quality of flooring the appellant did not pay any heed rather wrote that he had not given any assurance that it was of super fine quality.

WHENEVER the consumer purchases any goods from the dealer or the trader, it is presumed that goods shall be free from any defect and shall be of the purity and the standard which is required to be maintained by the trader. The appellant has nowhere proved allegation of the respondent having misused the flooring or having used it in sunlight shade or having placed more than the required weight or sledging of goods on flooring. On the contrary, the respondent has produced photographs which he has taken after three months of the use of the flooring reflecting the sub -standard floorings.

THE word defect under Section 2(1)(f) of the Consumer Protection Act means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or (under any contract, express or implied, or) as is claimed by the trader in any manner whatsoever in relation to any goods. In terms of Section 14 of the Consumer Protection Act, 1986, the opposite party i.e., trader or the supplier is required to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the O.P. and to remove the defects in the goods or deficiency in service.

IN the instant case, the loss suffered by the respondent, in our view is the cost of the flooring paid by him. For one and half year, the said flooring was being used by the respondent and he has no where claimed or produced the proof that he has got the flooring replaced by purchasing another lot of flooring from some other traders and has caused additional burden of expenses.

IN the given facts and circumstances of the case, we do not deem it necessary to direct the appellant to remove the defects or deficiency in service and instead we direct him to refund the amount received by it towards the cost of the flooring besides Rs. 500 as cost of litigation. In the result, the appeal is partly allowed to the aforesaid extent.

THE above payments shall be made within one month of the receipt of this order.

A copy of this order, as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to the record room. Appeal partly allowed.