D.O.F. 31.05.2013
D.O.O. 20.12.2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman K. : Member
Sri. Babu Sebastian : Member
Dated this the 20th day of December, 2013.
C.C.No.158/2013
Prakash P.H.
S/o. Hermis,
‘Pazhaya Parambil Veedu : Complainant
Chandanakkampara P.O.,
Taliparamba, Kannur
Gramabharathi Biogas Agency,
Citizen Building, : Opposite Party
Opp. Govt. Training School
Kannur -2
O R D E R
Smt. Sona Jayaraman K. Member
This is a complaint filed under Section 12 of Consumer Protection
Act for an order directing the opposite party to give an amount of `80,000 which includes `19500 which was given to opposite party towards the installation of biogas plant.
The case of complainant in brief if as follows : The opposite party has installed biogas plant in the house of complainant on 24.04.2012. An amount of `1000 was given in advance and an amount of `18500 was given after installation to opposite party. But the biogas plant was not working and he informed this matter to opposite party. But he was not ready to provide any service. When inspected thoroughly the complainant could understand that there was leak in the plant. So he again went to the office of opposite party and asked them to rectify the same. But the opposite party has evaded the complainant by saying lame excuses. The opposite party was not even ready to inspect the biogas plant to ascertain the defect. Hence this complaint is filed by the complainant to direct the opposite party to return `1000 which was paid towards advance and `18500 which was paid at the time of installation and `2500 which was paid towards service charge alongwith compensation.
The notice was issued to opposite party after receiving the complaint. But it was returned as “unclaimed”. Thereafter also the opposite party has not appeared before the Forum.
The main point to be considered is whether there was any deficiency in service on the part of opposite party. If yes what is the remedy.
The evidence of the complainant consists of his chief examination as PW1 and Ext.A1 and A2.
The complainant has filed chief affidavit in tune with his pleadings.
The opposite party has installed biogas plant in the complainant’s house on 24.04.2012. Ext.A1 is the advance receipt which shows the advance payment and Ext.A2 receipt is the invoice which shows the payment of `18,500. These two documents show that the complainant has paid the amount and opposite party has installed the biogas plant. As per the evidence adduced by the complainant the opposite party has not done anything to make the biogas plant in working condition. The opposite party has not appeared before the Forum to contradict the evidence given by complainant. The documents produced by complainant prove the case of complainant. The act of the opposite party shows that he has done deficiency in service. So the complainant is entitled to get remedy.
The opposite party is liable to return the advance amount of `1000 to the complainant. In the chief affidavit complainant stated that he has got `8000 towards subsidy of biogas plant. So the opposite party liable to return the balance amount of `10,500 out of `18,500 to the complainant. Although complainant stated that he has incurred an amount of `2500 towards service charge no voucher or receipt is produced before the Forum. But it can be seen that the complainant has sustained loss and mental agony due to the act of opposite party. So we are of the opinion that complainant is entitled to get an amount of `2,000 towards compensation along with `1,000 as cost of litigation.
In the result the complaint is allowed directing the opposite party to return back `11,500 along with `2,000 towards compensation and `1000 towards cost of the proceedings within one month from the date of receipt of this order. The complainant is at liberty to execute the order as per the provisions of the Consumer Protection Act.
Dated this the 20th day of December, 2013.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Receipt of advance dated 30.01.2012.
A2. Bill dated 24.04.2012.
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1. Chief examination of Complainant
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
