The obligation to implead a manufacturer is essential for complete adjudication in consumer dispute cases.

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 712/2023 JUDGMENT DATED: 23.07.2025 (Against the Order in C.C. 226/2020 of DCDRC, Ernakulam)

PRESENT:

SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER APPELLANT:

M/s J.S. Cube Metals, Kadungamangalam, Thiruvankulam, Ernakulam, Pin-682 305 represented by its Managing Partner Sindhu Satheesan.

(By Adv. George Cherian Karippaparambil)

Vs.

RESPONDENT:

K.K. Joy, S/o late K.J. Kuriakose, Koomullil House, Vettikkal P.O., Mulanthuruthy, Ernakulam-682 314.

(By Adv. Rajeesh K.G.)

JUDGMENT

SRI. AJITH KUMAR D. : JUDICIAL MEMBER The opposite party in C.C. No. 226/2020 on the files of the District Consumer Disputes Redressal Commission, Ernakulam (for short, ‘the District Commission’) is the appellant. On 15.09.2023, the District Commission had allowed the complaint and directed the opposite party to refund Rs. 2,00,000/- (Rupees Two Lakh only) spent by the complainant for roof installation charges and other related expenses, to pay Rs. 30,000/- (Rupees Thirty Thousand only) as compensation and Rs. 10,000/- (Rupees Ten Thousand only) as costs of the proceedings. A further direction was issued by the District Commission to forward a copy of the order to the Secretary of the Department of Consumer Affairs, Government of Kerala for appropriate action in view of the Consumer Protection Act , 2019 and the Rules. A default clause was also incorporated to pay interest @ 9% in the event of non-compliance of the order within 30 days from the date of receipt of the copy of this order.

2. The averments contained in the complaint, in brief, are as follows:

The complainant had purchased various items from the opposite party including Trafford sheets, Ridge, Pathy, Clamp, Screws and pathy fittings for the installation of terrace roof for his house by paying an amount of Rs. 72,000/-. At the time of purchase, the staff attached to the opposite party assured that the Trafford sheet sold was their product and they agreed to provide guarantee for 15 years. The complainant had installed the roof by spending an amount of Rs. 2,00,000/-. But, in 2019, the Trafford sheets began rusting, leading to damp patches on the roof and leakage. The complainant had requested the opposite party for the replacement. The opposite party admitted the issues, but declined to replace the defective sheets. The complainant alleged unfair trade practice against the opposite party in selling substandard Trafford sheets. Hence the complaint.

3. The opposite party had entered appearance and filed a written version with the following contentions:

The averments contained in the complaint are baseless. The complainant had suppressed material facts. However, they would admit the purchase of certain items from their shop. They never assured a guarantee of 15 years to the Trafford sheets and they never gave assurance that the sheets are water proof and rust free. According to them, they run a retail shop and they are not the manufacturer of the products. The Trafford sheets sold by them were sold by the wholesale dealer M/s Mirones Boulders and Developers Private Limited and manufactured by M/s Bushan Power and Steel Pvt. Ltd., Odissa. On 10.03.2016, the complainant along with his contractor came to the shop of the opposite party seeking the cheapest option. Before the purchase of the said item, the opposite party disclosed that the Trafford sheets sold by them do not carry any guarantee and hence no assurance could be given with respect to its life and quality. The opposite party never compelled the complainant to purchase the Trafford sheets. There were three or four different varieties of Trafford sheets to be sold by t