By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite Party to pay to the Complainant a sum of Rs.20,00,000/- with future interest at the rate of 18% per annum from the date of complaint till payment and cost of the proceedings.
2. Brief of complaint:- The Complainant as canvased by the Kerala State Horticulture Mission proposed to implement, High Tech Farming Scheme by establishing a naturally ventilated Tabular structured poly house with an area of 1240 Sq. Metre forming part of its estate Nellimunda Division with an insured subsidy of 50% from the part of Kerala State Horticulture Mission. The Complainant accordingly invited quotations from various agencies for the supply of materials and installation of the Poly House on time bound basis. The Opposite Party submitted quotation for the same. The Opposite party had been placed with a work order by the Complainant on 04.04.2013 for the supply and installation/ erection of the poly house for a total consideration of Rs.13,64,805.00. The Opposite party promised to complete the work within a span of 3 weeks. The Complainant paid Rs.8,75,000/- to the Opposite Party. The Opposite Party accordingly procured same materials and started the work. But the Opposite party not completed the work with the time. Complainants demand to complete the work is not responded. The above act of Opposite party amounts to deficiency of service and unfair trade practice. Aggrieved by this , the complaint is filed.
3. On receipt of complaint, notice was issued to Opposite Party and the notice is returned stating that “ intimation given, absent”. So even after receiving intimation, the Opposite Party did not accept the notice. So Opposite Party is set exparte on 17.09.2014.
4. On going through the complaint and documents, the Forum raised the following points for consideration.
1. Whether there is deficiency of service and unfair trade practice from the part of
Opposite party?
2. Relief and cost.
5. Point No.1:- Complainant filed proof affidavit and filed documents. The Complainant is examined as PW1 and documents are marked as Exts.A1 to A7. Ext.A1 is the quotation submitted by Opposite party for a sum of Rs.14,26,000/-. Ext.A3 is the main ledger as on 31.03.2014 of Opposite Party which shows that a sum of Rs.8,75,000/- is given to Opposite party by Complainant. More over, the Complainant produced statement of account of Complainant's bank which also shows that a sum of Rs.8,75,000/- is given to Opposite Party through Bank. The case of Complainant is that the Opposite party did not complete the work. It is up to the Opposite Party to deny the statement of Complainant. But Opposite Party did not appear in Court. There is nothing to disbelieve the case of Complainant. Due to the deficiency of service, the Complainant lost lawful subsidy, profit etc. So the Forum found that there is deficiency of service and unfair trade practice from the side of Opposite party. Point No.1 is found accordingly.
6. Point No.2:- Since the point No.1 is found in favour of Complainant, the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the Opposite party is directed to pay a sum of Rs.8,75,000/- (Rupees Eight Lakh and Seventy Five thousand) only to the Complainant with 12% interest from the date of filing of complaint till realisation and also directed to pay Rs.2,00,000/- (Rupees Two Lakh) only as compensation and Rs.10,000/- (Rupees Ten thousand) only as cost of the proceedings. The Opposite Party is entitled to get back the materials already procured by Opposite Party in the site for construction on payment of the above amount to the Complainant. The Opposite Party shall comply the order within 30 days from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of December 2014.
Date of filing:24.07.2014
PRESIDENT : Sd/- MEMBER : Sd/-
/True copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Letter. dt:16.03.2013.
A2. Letter. dt:04.04.2013.
A3. Main Ledger as on 31.03.2014.
A4(a) Letter. dt:17.02.2014.
A4(b) Acknowledgment.
A5. Letter. dt:25.02.2013.
A6. Letter. dt:12.02.2014.
A7. Letter. dt:12.04.2014.
Exhibits for the opposite Party.
Nil.
