KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL NO..315/08 JUDGMENT DATED: 30.4.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER Sunil Kumar, : APPELLANT Pelakkad, Payyur, Talappilly. (By Adv.K.Madhavan) Vs. Mampulllikavu Kshethrea : RESPONDENT Mathithara-Centre Festival Committee, Engandiyur, Represented by Ratheesh. (By Adv.V.V.Premachandran) JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party in CC.996/06 in the file of CDRF, Thrissur. The appellant is under orders to pay a sum of Rs.30,000/- as compensation and Rs.2000/- as cost. 2. It is the case of the complainant/Festival Committee that they had booked the elephant owned by the appellant for the festival to be conducted on 6.2.06. An agreement was also executed. A sum of Rs.1000/- was paid as advance on 8.9.05. The amount agreed was Rs.11000/-. The complainant published notice announcing the participation of the above elephant by name Kandampully Balanarayanan. Subsequently they came to know that the same elephant would be brought to the function of Sree Narayana Seva Sangham, Nellikode on the same date, mentioned in the notice published by the above Sangham. There upon the complainant arranged another elephant for the function. Hence the complainant has claimed a sum of Rs.2,00,000/- as compensation and Rs.8065/- towards damages and Rs.5000/- as cost. 3. The opposite parties in the version filed has pointed out that the balance amount had to be remitted before ten days. But the complainant did not remit the above amount. Opposite parties sent a notice dated 31.1.2006 which was returned unclaimed. The breach of contract has been committed by the complainant. 4. The evidence adduced consisted of the Exts.P1 to P12 and Exts.R1 and R2. 5. Although not mentioned in the complaint it has came out in the evidence vide Ext.P7 receipt on the Office of the Superintendent of Police that the complainant had filed complaint before the Superintendent of Police on 25.1.2006 in this regard. It is the main contention of the counsel for the appellant that the complainant has not mentioned in the complaint filed that they have approached the opposite party for payment of balance amount before ten days as per Ext.P1 agreement. Complainant has also produced Ext.P3 notice published by Sree Narayana Seva Sangham, Nellikode. In view of the fact that on 25.1.2006 itself that is before the commencement
10 days mentioned in Ext.P1 agreement complainant has approached the Superintendent of Police would indicate that the complainant came to know that the opposite parties had agreed with the other organization to provide the particular elephant. In the circumstances we find that the finding of the Forum that there was breach of the agreement condition by the opposite parties does not call for interference. All the same the counsel for the appellants has pointed out the amount of compensation awarded is very much excessive as the function was conducted with another elephant from Guruvayur Temple that was brought. Ext.P2 notice published by the complainant would show that they have announced the presence of the particular elephant mentioned as the tallest elephant in Asia. The notice is dated 17.12.2005. Hence evidently the organisors would have faced problems as the particular elephant could not be brought for the function. In the circumstances we find that no reduction of quantum of compensation is also called for. The appeal is dismissed. The office will forward the LCR to the Forum along with the copy of this order. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER ps | 
