By. Smt. Beena. M, Member:
This is a complaint filed under section 12 of the Consumer Protection Act.
2. Brief of the complaint:- The complainant is the Chairman of the M/s. Wayanad Social Service Society Organic Farmers Fair-trade Association, (WOFFA) Manathavady, Mananthavady Taluk, Wayanad District and the opposite party is a Water management consultant and contractor. On 20-04-2018 the Complainant and the Opposite party were executed an agreement for installation of an Effluent Treatment Plant (E.T.P) at Bio Park, the premises owned by the complainant. The Opposite party agreed to complete the work within 30-45 days from the date of work order, i.e. 19-04-2018. Rs.8,40,000/- fixed as the
(Contd...2)
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total consideration for the work and the complainant had paid Rs.4,11,600/ towards advance consideration through, UTR CSBKH18115000165. The Opposite party prepared a project design and give to the complainant and the complainant submitted it before the Kerala State Pollution Control Board, District Office, Wayanad for approval and the complainant had paid an amount of Rs.1,16,400/- towards fees. But that design was rejected by the authority vide letter dated 08-06-2018 and 27-07-2018. After that the matter of rejection was informed by the Complainant to the Opposite party on several times but the Opposite party not taken any positive response and to cure the defect and not submitted detailed design before the Pollution Control Board. Even though the Opposite party has obligation to complete the works which he agreed to do with in the time stipulated in the agreement the Opposite Party had not completed the work as they agreed and voluntarily violated the terms of the agreement. Hence the complainant suffered huge losses and affected smooth functioning of WOFFA. The complainant caused to send a lawyer notice to the opposite party demanding either return the amount which was received from the complainant or submit the design before the Pollution Control Board, District office, Wayanad and get approval and consent to establishment and pay compensation of Rs.2,00,000/- as the loss and damage suffered by the complainant due to the unfair act. The opposite party received the notice on 08-09-2018, but the opposite party not replied to the notice or paid the amount. Hence the complainant filed this petition.
3. Notice served o the opposite party but he had not turned to appear before the Forum and on 21.11.2018 name of the opposite party called absent and set ex-parte.
(Contd...3)
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4. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service and unfair trade practice
happened from the part of Opposite Party?.
2. Relief and Cost.
5. Point No.1:- For substantiate the case, the complainant produced documents along with the complaint. Complainant filed chief affidavit Exts.A1 to A9, Ext.C1 were marked. Ext.A1 and A2 are marked as subject to proof, Ext.A3 is the Bank Account Statement, Ext.A4 and A5 are the Letters issued by the Kerala State Pollution Control Board, District office, Wayanad, Ext.A6 series are the Email reminder copies, Ext.A7 series are the photographs and Bill, Ext.A8 is the copy of Lawyer Notice, Ext.A9 is the Postal Acknowledgement Card, Ext.C1 is the report of the Commissioner.
6. The documents produced by the complainant and the allegations made in the complaint are unchallenged. The complainant has succeeded in proving their case. Ext.A1 and A2 can be taken to consideration as there is no challenge yet comes from the side of opposite party. The entry in the Ext.A3 Bank Statement can be believable and the complainant succeed to prove that on 25.04.2018 he transferred Rs.4,11,636/- to the Opposite Party's account. More over the opposite party failed to send Reply Notice to Ext.A8 Lawyer Notice which he duly received. The commissioner reported in her report that there is no work in relation with the installation of Effluent Treatment Plant (E.T.P) is started and no materials or components for the installation.
(Contd...4)
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7. On going through the records and submissions the Forum found that there is deficiency in service and unfair trade practice has happened from the side of the opposite party and hence the Point No.1 is found in favour of the complainant.
8. Point No.2:- Since the Point No.1 is found against the opposite party, he is liable to pay the amount he received. And the opposite party is also liable to pay a reasonable compensation and costs of the case.
In the result, the complaint is allowed and the opposite party is directed to return Rs.4,11,600/- (Rupees Four Lakh Eleven Thousand and Six Hundred) to the complainant with 12% interest from 25.04.2018 till realization. The opposite party is also directed to pay an amount of Rs.25,000/- (Rupees Twenty Five Thousand) as compensation and Rs.5,000/- (Rupees Five Thousand) as costs of the proceedings to the complainant. The opposite party is hereby directed to comply the Order within 30 days from the date of receipt of this.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 15th day of October 2019.
Date of Filing: 04.10.2018.
PRESIDENT :Sd/-
MEMBER :Sd/-
(Contd...5)
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APPENDIX.
Witness for the complainant:-
Nil.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Copy of Offer No.12/2018. Dt:19.04.2018.
A2. Copy of Work Order. Dt:20.04.2018.
A3. Copy of Statement of Account.
A4. Copy of Letter. Dt:08.06.2018.
A5. Copy of Letter. Dt:27.07.2018.
A6(Series). Copy of Emails (3 Pages).
A7(a). Photograph.
A7(b). Photograph.
A7(c ). Bill. Dt:26.04.2018.
A8. Lawyer Notice. Dt:30.08.2018.
A9. Acknowledgment Card.
C1. Commissioner Report. Dt:24.10.2018.
Exhibits for the opposite party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
SENIOR SUPERINTENDENT,
CDRF, WAYANAD.
