State Consumer Disputes Redressal Commission
Sahadeb Mahapatra vs Mahadeb Chatterjee on 9 July, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/816/2018 ( Date of Filing : 26 Sep 2018 ) (Arisen out of Order Dated 27/08/2018 in Case No. Complaint Case No. CC/313/2016 of District Purba Midnapur) 1. Sahadeb Mahapatra S/o Jotish Mahapatra, prop., Mahapatra Marble Palace, Vill. - Jhautala, P.O. & P.S. - Nandakumar, Dist. Purba Medinipur, Pin - 721 632. ...........Appellant(s) Versus 1. Mahadeb Chatterjee S/o Lt. Sasanka Sekhar Chatterjee, Vill. & P.O. - Kharul, P.S. - Pataspur, Dist. Purba Medinipur, Pin - 721 632. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. Souvik Chatterjee., Advocate For the Respondent: Sri. Himanshu Sekher Samanta., Advocate Dated : 09 Jul 2019 Final Order / Judgement Sri Shyamal Gupta, Member
In this Appeal, the Order dated 27-08-2018 of the Ld. District Forum, Purba Medinipur in CC/313/2016 has been challenged by the Appellant, Sri Sahadeb Mahapatra.
By initiating the instant complaint case before the Ld. District Forum, the Respondent, Sri Mahadev Chatterjee alleged that the rock used for preparing the statue of his parents was not natural white milk stone, but chemically coloured, resulting which the colour started fading very shortly of its installation.
It appears from the record that the complaint case was initially decided in favour of the Respondent against which an Appeal was preferred before this Commission (A/415/2017). Vide Order dated 25-10-2017, the same was remitted back to the Ld. District Forum for obtaining expert opinion in the matter. Accordingly, Geological Survey of India (GSI) was roped in to decide the actual nature/character of the rock. Vide its report dated 22-06-2018, the GSI affirmed that the stone was milky white marble. Thereafter, the case was again decided in favour of the Respondent against which this Appeal is moved.
As noted hereinabove, the GSI report put at rest two significant aspects of dispute, i.e., the stone was indeed marble and it was milky white in colour.
Despite such findings, we find that an important issue still remained undecided scientifically, i.e., whether the colour of marble can become pale so early. In other words, whether the price charged to the Respondent was worth it.
Since this burning issue cannot be decided whimsically, we feel, the same can only be decided by appointment of experts in the respective fields. Accordingly, we are constrained to remand the case to the Ld. District Forum for fresh adjudication of the dispute after obtaining expert report in the matter. The technical expert(s) should explore the cause for such quick lose of colour of the marble and find out the appropriate market value of such statue.
The Appeal, accordingly, stands allowed in part. The impugned order is hereby set aside. Parties to appear before the Ld. District Forum on 08-08-2019 for fresh adjudication of the matter. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER