Consumer Court B’la Directs KC Marbles to Refund and Compensate for Defective Material

Baramulla: District Consumer Disputes Redressal Commission Baramulla has directed KC Marbles, Magam, to refund the cost of defective construction material and pay compensation for causing mental agony to the consumer.

The complainant, Ali Mohammad Ganie, a resident of Pruroo in Tangmarg tehsil, had purchased Moon White Granite and other materials worth Rs. 1,27,950 for the construction of his residential house. Despite assurances of quality, the material was found to be defective and unsafe, leading to serious inconvenience and mental distress.

After repeated verbal complaints and the issuance of two legal notices, the complainant received no response from the supplier. With no alternative left, he approached the Consumer Commission for redressal. Although the opposite party was served notice, they failed to appear before the Commission, and the matter proceeded ex-parte.

The Commission carefully examined the affidavits and evidence presented and concluded that the opposite party had indulged in unfair trade practices, violating Section 2(47) of the Consumer Protection Act, 2019. The bench observed that the complainant was legally entitled to either a replacement of the defective material or a full refund.

The case was heard by Presidend, DCDRC Peerzada Qousar Hussain and Nyla Yaseen (Member) of the District Consumer Commission, who issued the following directions in their judgment dated April 15, 2025:

The opposite party has been ordered to either replace the defective marble or refund the full amount of Rs. 1,27,950 paid by the complainant. Additionally, the firm must pay Rs. 30,000 as compensation for mental agony and unfair trade practices, and Rs. 10,000 as litigation costs.