IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 29th day of August, 2016
Filed on 13.05.2013
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt.Jasmine.D. (Member)
in
C.C.No.148/2013
between
Complainant:- Opposite Party:-
Sri. N.V. Bhaskaran Nair Authorized Signatory
Rajeev Bhavan Global Research & Development
Edanadu P.O. – 689 123 Organization, National
Chengannur Taluk Development Organization
Alappuzha Market Road, Chengannur – 121
(By Adv. Jisha R.B.) Alappuzha District
(By Adv. P.C. Dileep Kumar)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
On 7.9.2012 complainant approached the opposite party for the purchase of Mushroom seeds for Mushroom cultivation. The project report was submitted before the bank for availing loan for starting Mushroom cultivation. The bank loan of Rs.91, 250/- was sanctioned. The entire amount was received by the opposite party. But no infrastructure as assured was provided to the complainant including Mushroom shed. The complainant remitted the loan installments from February, 2013 onwards. There was deficiency in service on the part of the opposite party and that caused much financial loss and mental agony to the complainant. Hence the complaint is filed for refund of the said amount.
2. The version of the opposite party is as follows:-
It is true that opposite party has submitted a project report before the State Bank of Travancore, Chengannur and Demand Draft for Rs.91,250/- was received for and on behalf of Mushroom cultivation and shed manufacturing. The loan was sanctioning in favor of the Global Research and Development Organization. Out of the said loan, an amount of Rs.16, 250/- was given to the complainant for the basement work of the Mushroom shed. But so far the opposite party was not allowed by the complainant to complete the work of the Mushroom shed. The Mushroom seeds were given to the complainant, but he never used it for the cultivation. There is no deficiency in service on the part of the opposite party.
3. The complainant was examined as PW1. Documents produced were marked as Exts.A1 to A5. The opposite party was examined as RW1. Documents produced were marked as Exts.B1 and B2.
4. The points for considerations are:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) If so the reliefs prayed for?
5. It is an admitted fact that the complainant prepared the project report and submitted before the bank for availing loan for starting Mushroom cultivation for him. It is also an admitted fact that the bank loan of Rs.91, 250/- was sanctioned. According to the complainant the entire loan amount was received by the opposite party, but no infrastructure as assured was provided to the complainant including Mushroom shed. But according to the opposite party they have given Rs.16, 250/- to the complainant for the preliminary work and the complainant never allowed them to start preliminary work. The opposite party further stated that on 2.4.2013 the employees of the opposite party went to the house of the complainant, but the complainant abused them and they were not allowed to enter the house. The complainant totally denied this. It is pertinent to see that even though the loan amount of Rs.91, 250/- was credited in the account of the opposite party; on 12.1.2013, the employees of the opposite party went to the house of the complaint, only on 2.4.2013 to construct the work. Why the opposite party committed so much delay in starting the preliminary work is not explained by them. At the same time it is an admitted fact that the opposite party accepted the full loan amount from the complainant. According to the opposite party on 2.4.2013 when their employees went to the house of the complainant for doing the preliminary works, the complainant abused them and did not allow them to do the work. In order to substantiate this contention, the opposite party did not produce any evidence. Not even taken any effort to examine any of their employees as a witness. Ext.B2 letter was not proved by examining the person who issued that letter. It is an admitted fact that out of Rs.91, 250/- only Rs.16, 250/- was received by the complainant. At the same time Ext.A5 the passbook of the complainant issued from the State Bank of Travancore, Chengannur branch, shows that complainant remitted the full installments and closed the loan account. After receiving the loan amount from the complainant and keeping it with the opposite party for an inordinate period without doing any work amounts to defect and deficiency in service from the part of the opposite party. Hence the opposite party is bound to repay the amount that they received from the complainant along with interest and also to pay compensation for the mental agony and inconveniences suffered by the complainant.
In the result, complaint is allowed. The opposite party is directed to return the amount of Rs.75,000/- (Rupees seventy five thousand only) [91,250 – 16,250] with 9% interest per annum from12.1.2013 till realization to the complainant. The opposite party is also directed to pay an amount of Rs.10,000/- (Rupees ten thousand only) towards compensation and Rs.5,000/- (Rupees five thousand only) towards costs of this proceedings. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 29th day of August, 2016.
Sd/-Smt.Elizabeth George (President) :
Sd/-Sri. Antony Xavier (Member) :
Sd/-Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - N.V.Bhaskaran Nair (Witness)
Ext.A1 - Copy of the receipt dated 29.07.2005
Ext.A2 - Copy of the certificate of Kerala Agricultural University
Ext.A3 - Copy of the bill No.1056
Ext.A4 - Copy of the statement – Annexure IV
Ext.A5 - Original passbook
Evidence of the opposite party:-
RW1 - Ramesh.R. (Witness)
Ext.B1 - Copy of the cash receipts (2 Nos.)
Ext.B2 - Letter from worker of the opposite party
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
