KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU, THIRUVANANTHAPURAM APPEAL NO.756/2003 JUDGMENT DATED : 18.1.08 Appeal filed against the order passed by CDRF, Idukki in OP.No.52/2003 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER Fr.Jose Tharappel, Secretary, Malanadu Development Society : APPELLANT Parathode, Kanjirapally, Kottayam District Kerala State. (By Adv.V.A.Baburaj) Vs. 1. Biju.M.P., Moozhiyil House, Calvarymount.P.O., 8th Mile, 685 515. (By Adv.Sunil.K.S) 2. Sajith Varma, Sajith Bhavan, Koorali, 2nd Mile, Koorali.P.O., Ponkunnam. : RESPONDENTS (By Adv.K.P.Jayachandran) 3. Soman @ Mani, Arackal House, Calvarymount.P.O., 8th Mile – 685 515. 4. Santhosh, Parasseril, Calvarymount.P.O., 8th Mile -685 515. (By Adv.Anil Kumar.G counsel for respondents 3 and 4) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT The appellant is the 1st opposite party/Secretary, Malanadu Development society, in OP.52/2003 in the file of CDRF, Idukki who is under orders to rectify the defects of the bio gas plant of the complainant within 30 days and to pay the subsidy amount of Rs.2300/- and Rs.3000/- as compensation, Rs.1500/- as cost and if the repair is not done the complainant is authorised to realise further Rs.8500/- with 12% interest from 1.12.01 from the opposite party. 2. The case of the complainant is that 1st opposite party/appellant is an NGO and through their supervisor the 2nd opposite party and the technical workers ie opposite parties 3 and 4 got construction of the bio gas plant done in the property of the complainant. It was assured that the complainant will get gas continuously for 4 hours a day for cooking purposes and also that he would get Rs.3000/- as subsidy from the Government. According to the complainant he dug the pit etc spending Rs.1500/- and another Rs.1500/- for purchase of cement and sand etc and Rs.750/- towards wages to labourers and also paid Rs.4500/- to the 2nd opposite party; altogether a sum of Rs.8500/-(sic 8250). The opposite parties gave an oral warranty of 5 years to the plant and obtained signature of the complainant for obtaining subsidy from the Government. It is alleged that the plant has been constructed by the 2nd and 3rd opposite parties in a defective manner. The material of the drums was of fiber plastic instead of cement concrete using chicken mesh which is the proper combination. In the 1st 6 months the complainant has got gas for about 2 hours in the morning. Thereafter the plant was not working. On intimation, the 3rd and 4th opposite parties came and made some repairs. Soon after the plant ceased to function; and the matter was intimated to the 1st opposite party who did not turn up. The defects were due to poor quality of the drum. 3. The 1st opposite party has filed version contending that it is a voluntary organization engaged in the propagation of non conventional energy and that there is no profit making motive. The activities of the 1st opposite party is confined to information dissemination, training, arranging subsidy for bio gas plant which are constructed by the beneficiaries; after proper investigation and inspection by the Malanadu Development Society (herein after to be mentioned as MDS). The plant owners who avail the subsidy through MDS are beneficiaries and they are not consumers in relation to MDS. It is the responsibility of the plant owner to see that the plants are working properly. MDS has never appointed any masons , helpers etc on its behalf to construct any bio gas plant. 4. The 2nd opposite party filed version contending that he is only a
co-ordinator under the MDS and that he is not the supervisor employed by the MDS. It is mentioned that MDS is supplying the materials for gas plants including drums and the said drum is made by MDS in a bulk using its workers . According to him there is no defects in the construction of plant. The alleged defect if any may be due to improper maintenance. It is also mentioned the drum used in KVIC models is the accepted one. 5. The 3rd opposite party has filed a version mentioning that he has just constructed the gas plant as per the directions of the 2nd opposite party and as per the specifications of the 1st opposite party. He has received wages from the complainant through the 2nd opposite party. According to him he has constructed the plant properly and the defects would have been due to improper maintenance. 6. 4th opposite party has also filed version stating that he is just a labourer helping the 3rd opposite party who has constructed bio gas plant as per the direction of 2nd opposite party and as per the specifications of the 1st opposite party. He is not at all liable. 7. The evidence adduced consisted of the testimony of PW1 DWs 1 and 2 exts.R1 to R5 and X1. 8. PW1 is the complainant. DW1 is 2nd opposite party and DW2 is the authorised representative of the 1st opposite party. PW1 has testified in terms of the averments of the complaint. DW1 has produced the records kept by the MDS including Ext.R4 voucher allegedly signed by PW1 for receiving the subsidy of Rs.2300/-. The fact that the appellant is an NGO is not disputed. Nothing was brought out to discredit the version of the DW1 that a sum of Rs. 2300/- was paid to the complainant vide Ext. R4 receipt. The finding of the Forum that the signature appeared different cannot be countenanced as the complainant has no steady signature as can be seen from the papers in which he has signed ie Exts.R2, R3 and R4. No objective evidence was adduced to establish that non functioning of the bio gas plant is due to defective construction. There is no evidence to show that MDS/appellant has been making any profit out of the alleged venture. Even as per the evidence of PW1 it was he who provided the man and materials for the construction. There is nothing to show that it was MDS/appellant that got the plant constructed. In the circumstance we find that the direction to the appellant to pay the amount as ordered by the Forum cannot be sustained. Hence the order of the Forum is set aside. Appeal is allowed. JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER | 
