Kerala

Idukki

CC/146/2021

Dr. Nesiya Hassan - Complainant(s)

Versus

Binu - Opp.Party(s)

27 Jan 2023

ORDER

DATE OF FILING :13/10/2021

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 27^th day of January 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.146/2021

Between

Complainant                          : Dr.Nesiya Hassan, W/o Hassan,

                                                Attupurath House, Udumbannoor Kara,

                                                 Udumbannoor P.O., Udumbannoor Village,

                                                 Thoduppuzha Taluk,

                                                 Idukki District , Pin – 685 595.

                                                     (By Adv.Babichen V.George))

                                                              And

Opposite Party                  : 1 .  Binu, Chief Executive Officer,

                                                  Mushroom Research and Development             

                                                  Organisation, Chenganoor,

                                                  Chengannoor P.O., Pin – 689 121.

                                             2 . Mushroom Research and Development                        

                                                  Organisation, Chengannoor,

                                                  Chengannoor P.O.,Pin – 689 121,

                                                  Represented through its Managing Director.

                                                  

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant’s case is briefly discussed hereunder:-

 

1 . Complainant resides in the above address with her family.  She is an Ayuvedic Doctor by profession.  During pandemic crisis and also due to chellenge of the situation, complainant planned for a source of income for her family  and  for  a  new  venture.   Then  she  happened  to  know  about  the

                                                                                                 (Cont....2)

 

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opposite parties in You Tube, also got their phone                                                                                         No.04792454054/9847891366 and contacted first opposite party over the phone.  First opposite party introduced opposite parties as an organization who is providing infrastructure, technical knowhow and other helps for a successful mushroom cultivation.  Complainant planned to start Mushroom cultivation and conveyed the same to 1^st opposite party.  1^st opposite party came to the home of the complainant and elaborately discussed the project and upon negotiation with 1^st opposite party the project was finalized for Rs.3,85,000/- as the full amount for the successful implementation of the said project.  The project was proposed to be implemented in 400 sqft in the terrace of the residential building of the complainant.

 

2 . Complainant paid Rs.1 Lakh on 19/05/2020 and another Rs.1 lakh on 21/05/2020.  After the above payment an agreement was signed on 22/05/2020 by both parties in the letterhead of 2^nd opposite party at the house of the complainant at Udumbannoor.  The original of said agreement is with 1^st opposite party and a photocopy was handed over to the complainant.

 

3 . The construction of floor of shed for mushroom cultivation was done by complainant as per the agreement and opposite parties erected certain mental frames in the above floor after one week.  After completing the floor work complainant found that the work is lagging and intimated 1^st opposite party to complete the work.  Opposite party insisted for more money

                                                                                                 (Cont....3)

 

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and compelled the complainant to pay another Rs.1 Lakh on 01/06/2020.  1^st opposite party completed the work.  Opposite party insisted for more money and compelled the complainant to pay another Rs.1 Lakh on 01/06/2020.  1^st opposite party demanded more money to complete the project and received another 25000/- on 08/06/2020.  After that opposite parties partially constructed the shed and demanded for more payment and 1^st opposite party told complainant that work can be completed only if the balance Rs.60,000/- is paid to the 1^st opposite party.  Though complainant felt doubt on the conduct of the opposite party,  complainant paid Rs.50,000/- on 17/06/2020 to complete the work.  Complainant altogether paid Rs.3,75,000/- and the corresponding receipts are produced herewith.  After two days opposite parties brought some parts and other components of the project in a lorry and asked complainant to pay Rs.5000/- as lorry fare which she was compelled to pay.  She  paid the lorry fare and months passed on and opposite parties did not turn up.  After much requests and compulsion by complainant 3 employees of opposite parties came to the spot and partially did some work of shed.  Again they lagged the work due to Covid situations and months passed thereby.

 

4  . Due to repeated request of the complainant, 1^st opposite party reached the project spot.  He demanded for the construction of a new “Dark Room” for the successful germination of Mushroom seeds in the ‘Mushroom

                                                                                                 (Cont....4)

 

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Bed’ complainant told the 1^st opposite party that there was no whisper of such a construction neither in the agreement nor otherwise, 1^st opposite party replied the project cannot be implemented without the said ‘Dark Room’.  The need or construction of a Dark room was never disclosed to complainant at any point of time till then.  Complainant had no other go other than to do whatever said by opposite parties and constructed a Dark Room spending Rs.1.25 Lakhs which was done by a contractor, shri.Basheer Muhayiddin.  Complainant is entitled to realize the said Rs.1.25 Lakhs from the opposite parties as it was never informed to complainant.   The said amount was spent only upon the instruction of opposite party.  Though a training personnel, one Prakash was sent to complainant for training, it was futile as things were left incomplete and complainant paid him Rs.2000/- in that respect.  Mushroom cultivation went to utter failure.  1^st opposite party further told complainant that the cultivation will be successful only upon the installation of equipments ‘Humidifier, temperature control and also proper irrigation facilities which are also not done so far complainant expended another Rs.2800/- as the cost for the door of the shed already mentioned.  Complainant also came to know that the promise of fixing 1000 mushroom beds in said 400 sqft in false and not practical.

 

5 . Complainant repeatedly requested 1^st opposite party for the beneficial completion of the project but he never attempted to complete it till

                                                                                                 (Cont....5)

 

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day.  Through complainant made a call on 30/07/2021 to 1^st opposite party and 1^st opposite party assured that all balance work will be completed within few days.  Nothing is done for the successful mushroom cultivation so far.  Opposite parties were purposefully cheating the complainant with a malafide intention to extract money from complainant making unlawful gain in that respect.  The conduct of 1^st opposite party shows that he do not have an intention to complete the project.  Complainant made the above payments upon the compulsion of 1^st opposite party and towards the fulfilment of her dream.  Complainant has no other way other than to approach this.  Commission to redress her grievance.  The opposite parties are mighty and powerful persons where this complainant will not be rendered any justice without the interference of the Commission.

 

6 . 1^st opposite party is the Chief Executive Officer of the 2^nd opposite party company and he is responsible for all the dealings of 2^nd opposite party.  1^st and 2^nd opposite parties are jointly and severally liable for all the losses caused by them to the complainant.  Opposite parties wilfully defrauded the complainant and extracted Rs.3,74,800/-.  Severe deficiency of service and unfair trade practice can be attributed upon the opposite parties.  Opposite parties are liable to compensate the complainant for the loss caused and mental agony sustained for a tune of Rs.3 Lakhs.  Hence she has prayed the following reliefs.

                                                                                                 (Cont....6)

 

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1 .  Opposite parties may be directed to return Rs.3,74,800/- the payments made to opposite parties on different occasions.

2 . Rs.1.25 Lakhs, the cost of the Dark Room may be allowed to be realized from the opposite parties.

3 . Opposite parties may be directed to pay Rs.3 Lakhs being the compensation for deficiency in service, unfair trade practice and mental agony suffered by complainant.

4 . Rs.10,000/- may be allowed to related from opposite party as the cost of proceeding.

Notice was served to opposite parties from this Commission.  Opposite parties haven’t appeared before this Commission.  Hence, they were exparte in the proceedings.  Thereafter, the case was posted for exparte evidence.  Complainant has filed proof affidavit and examined as PW1.  6 documents were produced and marked as Exts. P1 to P6.  Complainant has taken urgent expert commission for ascertaining the allegation stated in the complaint.  Accordingly, Expert Commissioner has produced Commission Report and it was marked as Ext.C1.

 

We have heard the counsel for complainant, then it was taken for orders.  Now the points which arise for consideration are:-

1 . Whether there is any deficiency in service on the part of opposite parties?

2 . If so, what are the reliefs entitled to complainant.

                                                                                                 (Cont....7)

 

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Points are considered together

 We have gone through the proof affidavit and complaint .  Also, we have perused documents and expert commission report.  According to complainant, believing the advertisement made by opposite parties, she had agreed with them for staring mushroom cultivation in her premises.  On the basis of the project report, Rs.3,85,000/- rupees was finalized for successful implementation to start the cultivation.  Out of the said amount, complainant has paid Rs.1 Lakh on 19/05/2020 and another Rs.1 Lakh on 21/05/2020.  Thereafter, the agreement was signed on 22/05/2020.  As per Ext.P1, we have found that complainant and opposite parties were agreed to implement mushroom cultivation project on 22/05/2020 for Rs.3,85,000/-.  Accordingly, complainant has paid totally Rs.3,75,000/- to opposite parties as per the receipts which were marked as Exts. P2 to P6.  Also, complainant has paid Rs.5000/- as Lorry fare and Rs.4,800/- as other expenses for installation of other equipments.   Thus, Rs.3,84,800/- was totally paid by complainant to opposite parties.  But, in the complaint Rs.3,74,800/- was mentioned instead of Rs.3,84,800/-.  It was corrected in the proof affidavit, complainant has stated that due to the clerical mistakes, it was wrongly entered in the complaint.  As per the expert commission report, it is seen that complainant has complied all the works which were agreed as per Ext.P1 for implementing the mushroom cultivation project.  Moreover, on the basis of demand from opposite parties, complainant has also spent Rs.1.25 Lakh for

                                                                                                 (Cont....8)

 

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constructing a ‘dark room’ for the successful germination of mushroom seeds in the mushroom bed.  This is the matter was not in the agreement.  As per the commission report, it is proved that a dark room was also constructed, but opposite party has not completed the installation of the said project to starting the mushroom cultivation.  Opposite parties have neither appeared nor filed written version.  No evidence adduced against either the complaint or commission report by them.    We are of the view that, there is deficiency in service and unfair trade practice on the part of opposite parties.  Therefore, complainant is entitled to get the relief as prayed in the complaint.  Hence, complaint is partly allowed as hereunder:-

 

1 . Opposite parties are directed to return Rs.3,84,800/- which was paid by complainant on different occasions.

 

2 . Opposite parties are directed to pay Rs.1.25 lakhs as the cost of ‘dark room’ to complainant.

 

3 . Opposite parties are directed to pay Rs.1 Lakh as compensation and Rs.5000/- as cost of litigation to complainant.  All the amounts shall be paid within 45 days from the date of receipt of copy of the order, all amounts

 

                                                                                                 (Cont....9)

 

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except cost of litigation shall carry interest @ 12% per annum from the date of order till its realization.

 

Extra copies to be taken back by parties without delay.

 

 Pronounced by this Commission on this the 27^th day of January, 2023.                                                                                                                                                                             

                                                                                                 Sd/-                                                                            

                                                                                SMT.ASAMOL P., MEMBER                                                                                                                 

                                                                                                 Sd/-

                                                                        SRI.C.SURESHKUMAR, PRESIDENT                                                                                                      

                                                                                                 Sd/-

                                                                               SRI.AMPADY K.S., MEMBER

   

APPENDIX

Depositions :

On the side of the Complainant :

PW1- Dr.Nesiya Hassan

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 – Mushroom Research and development Organization conditions

              dated 22/05/2020

Ext.P2 – Receipt of Rs.100000/-  dated 19/05/2020

Ext.P3 – Receipt of rs.100000/- dated 21/05/2020

Ext.P4 – Receipt of Rs.25000/- dated 08/06/2020

Ext.P5 – Receipt of Rs.100000/- dated 07/06/2020

Ext.P6 - Receipt of Rs.50000/- dated 17/06/2020

Ext.C1-Commission report dated 10/12/2021.

On the side of the Opposite Party :

Nil

                                                                                               Forwarded by Order   

 

 

                                                                                          ASSISTANT REGISTRAR