D.O.F. 30.07.2013

                                            D.O.O. 18.12.2013

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. K.Gopalan                   :                President

                   Smt. Sona Jayaraman K.  :               Member

                   Sri. Babu Sebastian         :               Member

Dated this the 18^th day of December,  2013.

C.C.No.220/2013

Manikandan S.

Sreesailam House,

Velimanam Laksham Veedu Colony,

P.O. Velimanam                                                    :         Complainant

Kannur – 670 704

M.M. Peethambaran

‘Dhanya Nivas’,

Thazhe Chovva P.O.                                              :         Opposite Party

Kannur – 670 018

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 `25,080 which includes the amount of `13,500 paid by complainant for installation of biogas plant.

          The case of the complainant in brief is as follows :  The complainant has applied for portable biogas plant before the Aralam Grama Panchayath. That application was allowed by allotting the biogas plant from the opposite party’s agency.  Then the complainant paid an amount of `13,500 for installation of biogas plant to the opposite party.  Although biogas plant was installed, the opposite party he has not done anything to make it in proper working condition.  As per the scheme the complainant is entitled to get subsidy from Panchayath.  But due to the irresponsible attitude of opposite party the complainant did not get subsidy also.  So the opposite party is liable to return `13,500 and to give compensation.  The total amount will come to `25,080.

          Notice was issued to opposite party.  But he has not accepted the same and it was returned to ‘Sender’.  The main point to be considered is whether there was any deficiency in service from the part of opposite party.  If yes, what is the remedy.

          The evidence of the complainant consist of his chief examination as PW1 and Ext.A1 to A4.

          The complainant has filed chief affidavit in tune with his pleadings.

          The complainant was allotted biogas plant from the Panchayath and opposite party has installed the same also.  Although `13,500 was given to opposite party he has not done anything to make the biogas plant in working condition.  Ext.A1 receipt shows the payment of amount to opposite party.  Ext.A2 bill was issued by opposite party for getting subsidy from Panchayath.  It is true that opposite party issued the bill.  But he has not done anything to provide subsidy to the complainant.  He has not installed the biogas plant in proper time and he has not submitted papers in time.  So the complainant could not avail subsidy.  Moreover, the biogas plant was not in working condition.  So these facts show that the opposite party has done deficiency in service.  If it was vice versa the opposite party must have appeared before this Forum and file his version.  The behavior of the opposite party shows his indifferent attitude towards the issue.  As there was deficiency in service from the part of opposite party the complainant is entitled to get relief.  As per Ext.A1 receipt he has paid `13,500 to opposite party.  So opposite party is is liable to return that amount.  The complainant has spend his time for installation of biogas plant and for getting subsidy.  But the irresponsible attitude opposite party has sustained loss to complainant resulting in his mental agony.  So the opposite party is liable to give an amount of `1000 as compensation to complainant alongwith litigation cost of `1000.

          In the result the complaint is allowed directing the opposite party to return back `13,500 (Rupees Thirteen Thousand Five Hundred only) and to give an amount of `1000 (Rupees One Thousand only) as compensation along with `1000 (Rupees One Thousand only) towards litigation cost within one month from the date of receipt of this order failing which the opposite party is liable to pay interest @ 9% from the date of this order till the realization of the amount. The complaint is at liberty to execute the order as per the provisions of the Consumer Protection Act.

          Dated this the 18^th day of December, 2013.

                         Sd/-                      Sd/-               Sd/-

                       President               Member          Member

APPENDIX

Exhibits for the Complainant

A1. Retail invoice dated 23.03.2013

A2. Retail invoice dated 30.03.2013.

A3. Copy of Advertisement.

A4. Application for Biogas plant.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil

      /forwarded by order/

                                                                     SENIOR SUPERINTENDENT