Date of filing : 05-10-2013
Date of order : 16-01-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.229/2013
Dated this, the 16th day of January 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Managing Director, : Complainant
Bakel Resorts Development Corporation Ltd,
Corporate office and Reg,
2nd floor, KVS Hyper Market Building,
Palakkunnu, Bekal.Po. Kasaragod.Dt.
(Adv.K.Dinesh Kumar, Hosdurg)
FIBITS Technology Solutions, : Opposite party
Rep. by it’s Managing Director,
Sri.Shybu.A.P, Althara Nagar,
Vellayyambalam, Thiruvananthapuram.695010.
(Exparte)
O R D E R
SMT.SHIBA.M.SAUMEL, MEMBER
The gist of the complainant’s case is that he is the Managing Director of the company and it was floated as registered at the instance of Government .of Kerala with an object to carry on business of planning, developing, implementation and management of infrastructure facilities at Bekal for the promotion of tourists. The complainant company has taken up a major tourism development activities in Kasaragod District, especially area surrounding the world famous ancient and historical monuments “Bekal Forts”. Tourist from different countries have been contacting that complainant company and enquiring the details of the infrastructure in order to chart their tour. Since the company has no full fledged website. For that purpose the complainant entered in to an agreement with the opposite party and executed the same on 8-10-2010 the opposite party herein agreed and undertaken to develop and design a new data base drive interactive website exclusively for the company for a total cost of Rs.3,16,000/-.As per the agreement the opposite party has to complete the entire work within 3 months from date of agreement unconditionally. Inspite of receiving total amount of Rs.1,90,000/- from the complainant the opposite party did not complete the work undertaken by him. The time stipulated in the agreement has been already elapsed long back. The opposite party failed to perform their part in the agreement and due to his act the complainant company sustained huge loss it amounts deficiency in service. Hence the complaint.
2. Eventhough notice to the opposite party was issued on several occasions it was returned with an endorsement stating that closed down and no such addressee. Hence paper publication was issued . Name of the opposite party was called and set exparte.
3. The complainant was examined as PW1 and Exts.A1 to A4 (a) was marked from his side. By evaluating the evidence and on close perusal of the documents produced by the complainant it is crystal clear that the complainant has entered into the agreement with the opposite party herein for developing and designing a website for interacting with tourists all over the world. The intention behind such a proposal was only for the proper and timely contact and correspondence with their clients and information and details of the company could not be possible on account of a permanent, interactive web site of the company. In Ext.A1, that is the agreement dt.8.10-2010 entered into between the complainant and opposite party specifically stipulated the condition that the opposite party has unconditionally agreed and undertaken to complete the entire work within three months from the date of agreement. As per clause 11 of the agreement it is spelled out specifically. Out of the total cost, the opposite party had received an amount of Rs.62,200/- as first instalment, on 17-01-2011 Rs.47,400/- as second instalment, on 7-4-2011 Rs.50,000/- as third instalment, on 23-12-2011 Rs.30,000/- as fourth instalment on 7-12-2011. Inspite of receiving 1,90,000/- from the complainant the opposite party did not completed the work. Hence the complainant was constrained to cancel the agreement on account of opposite party’s failure to perform their part. Therefore Ext.A2 notice was sent by PW1 the opposite party herein for the termination of agreement due to the defaulted committed by the opposite party. Ext.A3 and A3(a)are the notice with acknowledgement card sent by the complainant company calling upon the opposite party to provide at least the domain registration details, pass work etc within 7 days. Ext.A4& A4(a) are the registered lawyer notice with Acknowledgement card by repudiating the agreement and claimed compensation from the opposite party for their gross negligence and deficiency in service.
4. There is no contra evidence came before this Forum. By considering all the documents and the evidence of PW1 the Forum convinced that there is gross deficiency from the side of the opposite party and because of the negligence and deficiency in service the complainant herein sustained huge loss, the complainant could not do the full fledged tourism development and activities. Therefore the opposite party is liable to pay damages to the complainant.
In the result, the complaint is allowed directing the opposite party to return an amount of Rs.1,90,600/- to the complainant with 12% interest from the date of complaint along with Rs.1,00,000/- as compensation and Rs.10,000/- as cost. Time for compliance is 30 days from the date of receipt of copy order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Agreement
A2. 1-7-2011 Letter sent by Bekal Resorts to Shybu.A.P.
A3.20-10-2012 Letter sent by Bekal Resorts of Shybu.A.P.
A3(a).Postal acknowledgement card
A4. 12-12-2012 Copy of Lawyer notice.
A4(a) Postal acknowledgement card.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by order
SENIOR SUPERINTENDENT
