NUCHEM LTD Vs. AARTI DRUGS LTD

JUDGEMENT

(1.) Appellant was one of the opposite parties before the State Commission, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the appellant.

(2.) Undisputed facts of the case are that the respondent/complainant M/s. Aarti Drugs Ltd., who were engaged in the business of marketing of bulk drugs, wanted to furnish its administrative office. For this purpose, they hired the services of one architect who in turn suggested use of MDF Panels manufactured by the appellant. These panels were purchased at a price of 1,79,021 and were used for making furniture like table, partitions, cabins and cupboards. Soon after, it was discovered, that the furniture and cabins were giving foul smell and causing eye watering. The matter was taken up with the architect as also with the appellant. Legal notice was issued to the appellant. Instead of replacing the panels they advised to use of polish on the panels so that the emissions could be reduced. A coat of paints was applied but the problem did not diminish. Finally a representative of the appellant came to the site and his advise was :

(3.) The complainant was willing to carry out this advice, but at the cost of the appellant but this did not materialize. Technical and expert opinion was obtained and it confirmed distinct emission of irritant gas which was identified as formaldehyde in the Nuwud MDF Panels and this was continuing. The expert was of the view that this was hazardous and sale of this type of product should be stopped. The matter was again taken up with the appellant when no solution was emerging, a complaint was filed before the State Commission, who after hearing the parties and perusing the material including the expert evidence allowed the complaint and directed the appellant to pay Rs. 2,00,000 (Rs. 1,00,000 for rectification and Rs. 1,00,000 for the physical discomfort for a period of 2-3 years) along with a cost of Rs. 10,000. Aggrieved by this order this appeal has been filed.