Selling Defective Material Amounts To Unfair Trade Practice; Consumer Commission Holds Marble Dealer Liable

Brief Facts:

The complainant purchased Moon White granite, marbles and other material for the construction and improvement of his residential house for an amount of Rs. 1,27,950/-. Since the material supplied was defective, the complainant approached K C Marbles, the opposite party and requested either to replace the granite or refund. However, the opposite party turned out the request. The complainant approached the opposite party with same request several times and as there was no positive reply from him, the complainant sent a legal notice on 14.08.2023.

On receipt of notice, the opposite party deputed a representative to the construction site to assess the situation. On finding the material defective, the representative of opposite party assured the complainant of the replacement of defective material. Since there was failure to replace the defective material, the complainant again sent a notice on 10.07.2024 . Later, the compliant approached the consumer commission.

Despite of service, the opposite party did not appear before the Commission, and it was proceeded ex-parte.

Observation by the Commission:

The Commission observed that selling defective material and failure to respond to consumer compliant or to redress the grievances amounts to unfair trade practice under Section 2 ( 47) of Consumer protection Act . The Opposite party was under obligation to hear the complainant and to either replace the defective material or to refund the amount.

The Commission relied on the Order passed by the NCDRC in Smt. Usha Rani Vs Principal St. Joseph's Convent School. Delhi ( 2018 ), wherein it was held that denial of redressal of consumer grievances amounts to unfair trade practice.

The Commission allowed the complaint and directed the Marble dealer either to replace the defective material or to refund the amount of the material. The Commission further directed the opposite party to pay Rs. 30,000/- as compensation and Rs. 10,000/- as litigation charges.

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