Case nº Revision Petition No. 2265 Of 2016, (Against the Order dated 29/02/2016 in Appeal No. 34/2015 of the State Commission Kerala) of NCDRC Cases, May 23, 2017 (case Ramco Cements Limited Vs Anandaraj K.N. & Anr.)
| Judge | For Appellant: Mr. Nikhil Swami, Advocate and For Respondents: Mr. C. Radhakrishnan Nair, Advocate |
| President | Mr. Dr. B.C. Gupta,Presiding Member and Mr. Dr. S.M. Kantikar,Member |
| Resolution Date | May 23, 2017 |
| Issuing Organization | NCDRC Cases |
Order:
Dr. B.C. Gupta, Member
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This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 29.02.2016, passed by the Kerala State Consumer Disputes Redressal Commission (hereinafter referred to as ''the State Commission'') in First Appeal No. 34/2015, "Ramco Cements Ltd. formerly known as Madras Cements Ltd. versus Anandraj K.N. & Anr.", vide which, while dismissing the appeal, the order dated 29.11.2014, passed by the District Forum, Kozhikode (Calicut) in consumer complaint No. 55/2008, filed by the present respondent No. 1, allowing the said complaint, was upheld.
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The brief facts of the case are that the complainant / respondent No. 1 Anandraj K.N. purchased 65 bags of cement from respondent No. 2/OP-1 Shaji Thomas for construction of his residential building in Puthuppadi village, District Kozhikode. The said cement had been manufactured by the present petitioner, the Ramco Cements Limited, formerly known as Madras Cements Limited. It is alleged in the consumer complaint that the main RCC slab and slab of bathroom were cast on 03.02.2007, using about 58 bags of the Ramco Cement, purchased from OP-1. However, on the very next day, they saw a number of cracks all over the main slab and the bathroom slab. Water was found leaking from the slabs. The matter was brought to the notice of the OP-1 dealer and subsequently to the OP-2 manufacturer/petitioner, but without any result. The consumer complaint dated 07.03.2008 was then filed, seeking directions to the OPs to pay compensation of `5 lakh for supplying cement of inferior quality to the complainant.
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During proceedings before the District Forum, the complainant filed an application for appointment of an expert to check the building. Shri Santosh G. Thampi, Associate Professor of Civil Engineering, National Institute of Technology (NIT) Calicut, was appointed as Expert Commissioner, who inspected the building in question on 18.07.2009 after giving due notice to the parties and filed his report dated 25.02.2011. The Expert Commissioner concluded in his report that the cracks in the building could have developed due to poor quality of cement. He also stated that the cost of laying a new slab will be about `1,35,000/-. Based on the report of the Commissioner, the District Forum allowed the complaint on 29.11.2014 and directed the petitioner/OP-2 to pay a sum of `1,35,000/- to the complainant towards cost of casting new slab...
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