D.O.F. 23.04.2013
D.O.O. 10.12.2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman.K : Member
Sri. Babu Sebastian : Member
Dated this the 10th day of December, 2013.
CC.117/2013
V.C.Chandran,
“Krishna Deya”
Devi Road, : Complainant
P.O.Pallikkunnu. 670 004.
M.Preethambaran,
Gramajyothi Alternative Energy Solutions, : Opposite Party
Safiya Complex,
Yogasala road, Kannur 1.
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 return `21,000 along with compensation of `1,00,000.
The case of the complainant in brief is as follows: The complainant has approached the opposite party for making a bio gas plant at his home for an amount of ` 21,000. The opposite party has made him believe that biogas plant of `21,000 is only having quality and the biogas plant of `13,500 is a low quality one. He has also assured that he will do the necessary things for getting the subsidy from Panchayth. Although plant was installed on 30.03.2013 it was not working. The price of the same was also received on 30.03.2013 by the opposite party. The complainant contacted the opposite party to make the biogas plant in working condition. The opposite party inspected the biogas plant and informed him that there was some technical defect for the same and he will replace the same. But the opposite party has not done anything as assured. So the complaint is filed to direct the opposite party to return `21,000 along with compensation of `1,00,000.
Although notice was properly served on the opposite party he has not appeared before the Forum. The non-appearance of the opposite party before the Forum shows his indifferent attitude towards the matter in dispute.
The main point to be considered is whether there was any deficiency in service on the part of opposite party, if so what is the remedy?
Complainant filed chief affidavit in tune with the pleadings in the complaint. The evidence consists of the chief affidavit of complainant and Exts.A1 to A3 marked on the side of complainant.
The complainant has stated in his chief examination that opposite party has installed a biogas plant in his house after receiving `21,000. Ext.A1 receipt clearly proves that fact. Ext.A2 invoice is issued by the opposite party for getting subsidy from the panchayath .Ext.A3 document shows that the biogas plant is not functioning and it was not installed properly by opposite party. So these evidence clearly shows that there was deficiency in service on the part of opposite party. So the opposite party is liable to return back the amount of `21,000 to the complainant. After receiving money the opposite party has not done as he agreed. So he is liable to compensate the complainant. An amount of `1,000 is ordered for the mental agony and the hardships suffered by the complainant along with `1000 towards the cost of the proceedings to the complainant.
In the result, the complaint is allowed directing opposite party to refund `21,000 (Rupees Twenty One Thousand only) with compensation of `1,000 (Rupees One thousand only) along with cost of ` 1,000 (Rupees One thousand only) to the complainant within one month from the date of receipt of this order, failing which the complainant is entitled to execute the order against the opposite party as per the provisions of consumer protection Act.
Dated this the 10th day of December, 2013.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the complainant
A1. Copy of cash receipt dated 30.03.2013.
A2. Copy of retail invoice dated 02.04.2013.
A3. Copy of certificate dated 17.07.2013
Exhibits for the opposite party
Nil
Witness examined for the complainant
Nil
Witness examined for the opposite party
Nil
/forwarded by order/
Senior Superintendent
