V.V.R. CHOUDARY Vs. HYDERABAD INDUSTRIES LTD.

JUDGEMENT

(1.) These cross Appeals are filed against the judgment and order dated 14th June. 2005 passed by the Tamil Nadu State Consumer Disputes Redressal Commission in O.P. No. 155 of 2001.

(2.) Brief facts of the case are :

(3.) The complainant purchased a site bearing Plot No. 13, Bharani Colony. Saligramam. Chennai for construction of a house for residential purpose. After obtaining a valid sanctioned building plan from the Corporation of Chennai on 10-11-1999 for a total of 2560 sq. ft., he planned to construct his house with concrete blocks called "Aerocon" in place of bricks which are very expensive. On being persuaded by the advertisement and brochure made by the opposite party, the complainant purchased Aerocon building blocks of different sizes for a total value of Rs. 1,33,745.00. It is alleged that these blocks were defective as the walls of his house developed cracks and that the blocks supplied to him were not duly processed and were of substandard quality. It is also submitted by the complainant that opposite party introduced these blocks without proper testing. When the opposite party realised their manufacturing defect they introduced later zig-zag pattern on the blocks for better bonding which itself is an admission of proof of defective blocks given to him. It is also alleged by the complainant that when the construction of ground floor was completed and the construction in the first floor started he noticed several horizontal cracks started appearing on the walls of the ground floor where he used Aerocon blocks. He immediately brought it to the notice of the opposite party and the technicians of the opposite party visited the site and could not give satisfactory explanation. The opposite party collected one block for testing purpose but did not respond thereafter.