IMPORTANT POINT
The cement cannot be claimed to be sub-standard without any chemical test under a proper laboratory.

ORDER

Prem Narain, Presiding Member

These revision petitions arise out of the common order dated 27th February 2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula, Additional Bench (‘the State Commission’) in FA no. 111 of 2011 which was filed by the original complainant Mr Jagdish against the order dated 27th December 2010 passed by the District Consumer Disputes Redressal Forum, Jind (‘the District Forum’) in Complaint no. 191 of 2010, dismissing the complaint. For the convenience, the parties will be referred as complainant and OPs as mentioned in the order of the District Forum.

2. The brief facts relevant for the disposal of these revision petitions are that the complainant Jagdish purchased 362 bags of cement @ 227/- Per bag on 27.11.2009 at a cost of Rs.82,174/- vide bill no. 101. The complainant used the cement for his construction, however, after sometime the plaster started pouring down in bits and pieces and finally within a period of three months all the plastering on the walls came down. The complainant sent a legal notice on 17.02.2010. Opposite party no.1 – Proprietor M/s Shree Laxmi Cement denied that any cement was purchased by the complainant from his shop/ agency. Consequently, the complainant filed the consumer complaint being Complaint no.191 of 2010, before the District Forum against the OPs. Both the parties contested the complaint and District Forum dismissed the complaint vide its order dated 27.12.2010.

3. Complainant preferred an appeal against the order of the District Forum before the State Commission being FA no. 111 of 2011. The State Commission vide its order dated 27.02.2012, held as under:

“Accordingly this appeal is accepted impugned order is set aside and complaint of the complainant is allowed with the directions to the opposite parties to pay the damages to the tune of Rs.1,02,174/- as compensation (82,174/- as cement price and Rs.20,000/- as labour and construction charges) and Rs.10,000/- due to mental agony, harassment, physical pain and suffering. Order be complied within 45 days failing which the amount will carry on interest @ 9% from the date of filing of the complaint of the complainant till realisation. Opposite parties shall be jointly and severally liable”.

4. Heard the learned counsel for the parties and perused the record.

5. Learned counsel for the complainant has stated that he has filed the revision petition for enhancement of compensation awarded by the State Commission. The State Commission has not considered the report of the Engineer and has not ordered the compensation to the tune of Rs.10.00 lakh, the amount assessed by the Engineer. The Engineer’s report dated 04.09.2010 reads as under:

“Conclusion:

Conclusion from the above facts I am of firm opinion that the above building is unsafe, unfit for human habitation and can fall in due course of time if cement mortar of walls and plastering continuously loses its strength due to poor quality of binding material because cement is used as a binding material with water for bonding solid particles of different sizes like bricks, stones to form a monolithic mass and sample of water taken to lab by Shri Jagdish Chander on 23.08.2010.

Damage Area at G F (1675.32 + 169.25) sq ft.

i/c Proj. Part 1844.57 sq ft

Damage Area at F F (420.00 +141.25) sq ft

i/c Proj. Part 561.25 sq ft

Total Damage Area 2405.82 sq ft

Total construction cost of existing building @Rs.600 per sq ft=14,43,492/- (Fourteen lakh forty three thousand four hundred ninety two rupees). Therefore, total damage of existing building (70% of total construction cost) = Rs.10,10,444/- (Ten lakh ten thousand four hundred forty four only)”

6. The learned counsel for the complainant has stated that all his efforts and time in constructing the house has gone waste as the plaster had already fallen and the whole house can fall at any time as apprehended by the qualified Civil Engineer. It was requested to award compensation as recomm