M.S. PRAKASH RAO Vs. WHITE HOUSE MARBLES

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.97/2006 on the file of District Forum, West Godavari at Eluru, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant purchased Makarana Semi Allzeta Makarana Slabs and Green marbles from 1st opposite party on 11-2-2005, 14-2-2005 and 22005 for Rs.74,604/- and got fixed the marbles in his apartment by investing huge amounts towards labour charges etc., It is his case that soon the marbles not only developed change of colour but also cracks amply suggesting that the supplied marble was of inferior quality and defective. The complainant submitted that he spent huge amounts towards labour and that he sustained loss because of supply of defective marbles and demanded the opposite parties to compensate the loss but in vain. Hence the complaint for a direction to the opposite parties to pay Rs.74,604/- with interest and Rs.35,000/- towards expenditure besides Rs.1,00,000/- towards damages. Opposite parties 1 and 2 remained exparte.

(3.) Opposite party No.3 filed counter and denied the allegations made in the complaint and also challenged the maintainability of the complaint as he is only an employee in White house marbles. He stated that the complainant wrongly impleaded him as Proprietor of 2nd opposite party and added him in his individual capacity. He further stated that the complainant did not lay the marbles purchased from 2nd opposite party in his flat at Eluru and stated that the complainant purchased the Marbles from 2nd opposite party in Vijayawada and transported the same to Bhimavaram and denied other allegations made in the complaint.