STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 11.11.2021 Date of Final Hearing: 10.03.2026 Date of Pronouncement: 12.03.2026 SC/5/A/149/2021 Shree Cement Limited having its Registered Office at Bangur Nagar, Beawar – 305 901, District Ajmer, Rajasthan and one of its Branch Office at

118, Hans Bhawan, 1, Bahadur Shah Zafar Marg, New Delhi – 110 002 Acting through its Senior General Manager (Legal)

Sh. Anil Kumar Talwar S/o Sh. Amarnath Talwar (Through: Sh. Chetan Jain, Advocate)

…… Appellant Versus

1. Sh. Bhagat Singh S/o Sh. Palturam R/o Village & Post Tanshipur Roorkee, Haridwar (Through: Sh. Sethiram, Advocate)

2. M/s Satya Amar Cement Store

12-A, Padli Gujjar, Shakti Vihar Colony Roorkee, Haridwar (Through: None)

…… Respondents Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 41 of the Consumer Protection Act, 2019 has been directed against the impugned judgment and order dated 06.09.2021 passed by learned District Consumer Disputes Redressal Commission, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 365 of 2017, styled as Sh. Bhagat Singh Vs. Manager, Shree Cement Grinding Unit and another, wherein and whereby the consumer complaint was allowed and the appellant & respondent No. 2 (opposite parties to the consumer complaint) were directed to respondent No. 1 / complainant an amount of Rs. 50,000/- spent by him in the treatment of mason and labourer together with Rs. 5,000/- towards compensation and Rs. 5,000/- as litigation expenses, within a period of one month from the date of impugned judgment and order, failing which the respondent No. 1 / complainant was further held entitled to interest @6% p.a. on the aforesaid amount, payable from the date of filing of the consumer complaint, i.e., 26.09.2017 till payment.

2. The facts giving rise to the present appeal, in brief, are, as such that on dated 23.05.2017, the respondent No. 1 / complainant had purchased 40 bags of Shree Cement @Rs. 274/- per bag from respondent No. 2 / opposite party No. 2, for which bill No. 25 was given by respondent No. 2 to the complainant. Thereafter, the complainant had got his house constructed. Upon completion of plaster work in the house, when the roof railing was being installed, at that time, the sunshade (chajja) collapsed / fell apart, due to which, the mason Sh. Sanjay Kumar and the labourer Sh. Ajay Kumar fell down and got grievously injured. The complainant got them treated at Pal Hospital, Roorkee, in which an amount of Rs. 50,000/- was spent, which was borne by the complainant. The construction work carried out from the cement of the appellant – company was of very poor quality and plaster was also falling. The complainant lodged a complaint with Sh. Rajkumar, Proprietor of respondent No. 2, who forwarded the same to the appellant – company, whose two Engineers came at the spot for inspection. At the time of their inspection, Sh. Surendra, resident of same vicinity / colony; Sh. Rajkumar and others were present. After inspection, the Engineers found that the cement was not properly holding and assured that the complainant would be duly compensated, but no compensation was provided / paid to the complainant. The complainant sent a legal notice dated 24.07.2017 through his counsel to the appellant & respondent No. 2, but the same was not replied. Thereafter, alleging deficiency in service on the part of the appellant & respondent No. 2, consumer complaint was set in motion by the complainant before the District Commission.

3. The appellant filed written statement before the District Commission and pleaded that the company has capacity of 41 million tons of cement through its integrated plant and is having very strict monitoring system and independent laboratories where the products of the company are checked at various intervals, based on the parameters specified as per BIS specifications