O R D E R
By Sri. C.T. Sabu, President :
The brief Facts of the Case as follows:
The opposite party made believe the complainant that he is an expert in locating the position of ‘well’ and a service provider of digging bore wells. Believing the same the complainant entered into an oral agreement on 09/02/21 with the opposite party for digging of bore well after locating ideal position for the same. In addition to the above service complainant entrusted the opposite party to locate for an open well too. At the time of agreement the opposite party guaranteed pumping of water at least for two hours is possible from the proposed bore well. The opposite party received Rs.1,10,000/- from the complainant for the proposed bore well and Rs.6,000/- towards the locating charge of bore well and the open well. Because of the assurance / guarantee given by the opposite party the complainant entrusted the work. On 26/02/21 opposite party started work of digging of bore well and after digging up to 300 feet opposite party assured that there is enough water to pump water from the bore well. As per the direction of the opposite party, complainant issued cheque worth Rs.1,10,000/- to the employee of the opposite party named one Mr. Arun John and it was duly en-cashed. Soon after the digging, complainant purchased the motor pump and other pumping materials and erected as per the direction of the opposite party. Unfortunately only 15 minutes pumping was possible, and immediately the matter was informed to the opposite party. Again as per his direction the position of the motor pump was increased from 285 feet to 295 feet even though the availability of water not increased as assured. The fact was informed to the opposite party and he assured that it will be rectified at the earliest. Strangely opposite party never taken any steps to rectify the same and the complainant preferred a complaint before Aloor Police Station on 25/03/21. Both parties were called by the police and the opposite party agreed to perform his conditions as claimed by the complainant as per the agreement entered on 09/02/21. Again the opposite party not turned up or complied the conditions as agreed upon. All the attempt of complainant become futile. Finally the complainant issued a registered lawyer notice on 24/04/21 for the same. The opposite party received the notice on 27/04/21 but not even replied or addressed the grievance of the complainant. Hence this complaint.
2) On receiving the complaint proper notice issued to the opposite party. When the case was posted for his appearance the opposite party called absent and set ex-parte.
3) The case posted for evidence of the complainant. The Power of Attorney holder of the complainant was present before the Commission and filed proof affidavit. 11 documents produced which are marked as Exts. A1 to A11. Ext. A1 is the Special Power of Attorney (Original) dtd.29/07/21; Ext. A2 is the copy of SBI Cheque No.136932 dtd.26/02/21 for Rs.1,10,000/-; Ext. A3 is the copy of Property Tax Receipt dtd.02/01/21 issued by Aloor Village in the name of Johny, S/o Kottakka Ouseph; Ext. A4 is the bill dtd. 02/03/21 (original) issued by Lucia Electricals and Hardwares; Ext. A5 is the bill dtd.05/03/21 (original) issued by Lucia Electricals and Hardwares; Ext. A6 is the copy of letter issued by SHO, Aloor Police Station to the Counsel of the complainant under RTI Act; Ext. A7 is the acknowledgement receipt dtd.08/03/21 issued by SHO, Aloor Police Station; Ext. A8 is the copy of lawyer notice dtd.20/04/21 issued by the complainant’s counsel; Ext. A9 is the postal receipt dtd.20/04/21; Ext. A10 is the Postal A/D card and Ext. A11 is the original bill dtd. 02/03/21 issued by Kumar Associates for Rs.17,200/-.
4) We have meticulously examined the contention in the proof affidavit and thoroughly perused the documents produced from the side of the complainant. As there is no contra evidence, we have no other option than to believe the proof affidavit filed by the complainant. Ext. A2 document would show that the complainant gave cheque for Rs.1,10,000/- as stated in the proof affidavit. Ext. A6 & A7 documents would show that the complainant filed petition before the Police Station, Aloor against the opposite party. The Ext. A6 also would show that there was an oral agreement with the complainant and the opposite party was ready to comply the agreement within 25/03/21. The complainant succeeded to prove a cogent case in his favour. We are in the opinion that there is deficiency in service and unfair trade practice on the part of the opposite party and inclined to allow the complaint.
In the result, the complaint is allowed and the opposite party is directed to pay Rs.1,71,217/- (Rupees One lakh seventy one thousand two hundred and seventeen only) along with 9% interest from the date of complaint to the complainant and also directed to pay Rs.25,000/- (Rupees Twenty Five thousand only) to the complainant as cost and compensation of this complaint. The order shall be complied within one month from the date of receiving the copy of this order. Failing in which, the complainant is entitled for 9% interest for the entire amount.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of June 2022.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Special Power of Attorney (Original) dtd.29/07/21
Ext. A2 copy of SBI Cheque No.136932 dtd.26/02/21 for Rs.1,10,000/-
Ext. A3 copy of Property Tax Receipt dtd.02/01/21 issued by Aloor Village in
the name of Johny, S/o Kottakka Ouseph
Ext. A4 bill dtd. 02/03/21 (original) issued by Lucia Electricals and Hardwares Ext. A5 bill dtd.05/03/21 (original) issued by Lucia Electricals and Hardwares Ext. A6 copy of letter issued by SHO, Aloor Police Station to the Counsel of the
complainant under RTI Act
Ext. A7 acknowledgement receipt dtd.08/03/21 issued by SHO, Aloor Police
Station
Ext. A8 copy of lawyer notice dtd.20/04/21 issued by the complainant’s counsel
Ext. A9 postal receipt dtd.20/04/21
Ext. A10 Postal A/D card
Ext. A11 original bill dtd. 02/03/21 issued by Kumar Associates for Rs.17,200/-.
Id/- President
