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Judgment
SUPPLY of defective and sub-standard RCC pillars amounted to deficiency in service under Section 2(1)(f), as alleged by the complainant. The case in brief is that the appellant supplied four numbers of R.C.C. Pillars of the size of 10'' 1'' dia to the complainant at the rate of Rs. 120/- each on date 21.4.1995. The complainant constructed his store room with them. On 23.7.95, i.e. after about three months (3 months), when there was heavy rainfall in the night, all the four pillars collapsed, thereby causing damage to the paddy stored valued at Rs. 2,000/-. The complainant claimed compensation for this damage.
IT is common knowledge that no R.C.C. Pillar, if cast as per the standard technical specification, with good quality of materials like, cement, steel rod, sand and chips with right proportion will not normally collapse. Further the cost of each such pillar will be certainly more than Rs. 120/- each. We have heard Counsel for both parties and we are convinced that the pillars supplied to the complainant were of grossly sub-standard materials.
The order of the Court below is confirmed but modified to the extent that the appellant shall pay a compensation of Rs. 1,000/- which included the price of the pillars also. To the amount shall be paid within three months from the date of communication of the order. No cost. Appeal disposed of.