D.O.F:11/02/2022
D.O.O:30/06/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.33/2022
Dated this, the 30th day of June 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Sajith.C.K, aged 38 years,
S/o Koran.C.K
R/at. Choyikkunnummal House, Muchilot,
Ajanur(P.O), Ajanur Village,
Hosdurg Taluk, Kasaragod District. : Complainants
2. Asha.V, aged 30 years,
D/o.K.V Narayanan,
R/at. Shyam Nivas, Aishwarya Auditorium Road,
Kizhakkumkara , Ajanur(P.O),
Ajanur Village, Kanhangad,
Hosdurg Taluk, Kasaragod District.
And
1. Mushroom Research Development Organization (MRDO)
Chengannur, Mundankavu, Pin 689121,
Alapuzha District,
Rep: by its C.E.O. Binu.N.Das, : Opposite Parties
2. Binu.N.Das,
Chief Executive Officer,
Mushroom Research Development Organization (MRDO)
Chengannur, Mundankavu, Pin 689121,
Alapuzha District,
ORDER
SMT.BEENA.K.G : MEMBER
The complainant No:1 is a Pravasi who returned from Kuwait where he worked at Airport to his native place with a dream to start up a project here. Complainant No: 2 is his wife. This complaint is filed on the ground of deficiency in service on the part of opposite party the Mushroom research development organization and another who caused wastage of time, money and there by caused severe mental agony to the complainant. The brief facts of the case is that the complainants entered in to an oral agreement with Opposite parties to construct a High tech Mushroom farm shed of capacity 1000 mushroom buds and also provide training for mushroom cultivation for an amount of Rs. 3,85,000/- . As per the assurance of the Opposite party that they will complete the work of the mushroom farm shed within 45 days complainant had given the entire money that’s Rs.3,85,000/- to Opposite party account. The complainant also paid an amount of Rs. 9000/- for the mushroom seeds. But Opposite party dragged the construction work of the mushroom shed. Due to the latches on the part of opposite party complainant was constrained to pay electricity bill and other expenses already agreed on the basis of the oral agreement. The complainant had sent a registered lawyer notice to Opposite parties No:1 and 2 on 03/01/2022 . Though they received the notice they did not sent any reply. The complainant had spent a total amount of Rs. 4,44,000/- for the construction work including labour charge material transporting charge etc. due to the deficiency of service on the part of Opposite party complaint suffered huge loss and mental agony for which he claims a compensation of Rs. 14,44,000/- including compensation and cost
Notice to opposite party served but not turned up, name of opposite party called set exparte.
The complainant filed proof affidavit in lieu of chief examination, the documents produced are marked as Ext A1 to A13 (a). The main issues raised for consideration are
- Whether there is deficiency in service on the part of Opposite party?
- If so what is the relief?
For convenience issue No:1 and 2 can be discussed together.
The complainant and Opposite parties entered in to an oral agreement by which Opposite parties agreed to construct a high tech mushroom farm house of capacity 1000 mushroom buds and also agreed to provide training to the complainants for an amount of Rs. 3,85,000/- within 45 days. The complainant handed over the entire amount to the Opposite parties before construction. Complainant paid an additional amount of Rs. 9,000/- for mushroom seed. But Opposite parties failed to perform his part within time. They could not finish the construction of farm house within 45 days. Even though opposite party started the work they did not complete the work as promised. Thus Opposite party failed to complete the work within 45 days of the receipt of the amount. On the assurance of the Opposite parties, the complainant had given application for permission for welding and other construction work of the shed and there by consumed electricity as the work is not completed in time he has constrained to pay electricity bill and other expenses from that dates itself. This caused loss and mental agony to the complainant. The complainant is alleging deficiency in service and unfair trade practice on the part of Opposite Party and claims a compensation of Rs.4, 44,000/- from Opposite Parties. The complainant produced Ext A1 to A13 (a) to prove this case. Ext A1 is pay slip dated 4/01/2021 Rs. 1,00,000/-, Ext A1(a) is pay slip dt: 10/02/2021 Rs. 2,85,000/-, Ext A2 is receipt dt: 04/02/2021 Rs. 1,00,000/- , Ext A2(a) is receipt Dt: 11/02/2021 Rs. 2,85,000/-, Ext A3 is pay slip Rs. 9000/- Dt: 18/02/2021, Ext A4 is receipt Rs, 9000/- Dt:18/03/2021, Ext A5 is KSEB bills, Ext A6 is bill Rs. 2970/-, Ext A7 is cash receipt, Ext A8 is tax invoice Dt: 29/04/2021, Ext A9 is Cash/credit bill Rs. 1685/-, Ext A10 is bill Rs. 560/-, Ext A11 is a letter issued by Opposite party no:1,Ext A12 is Lawyer notice, Ext A13 & A13 (a) are postal acknowledgment cards.
The commission carefully gone through the documents produced by the complainant. In the absence of rebuttal evidence the complainant’s case stands proved. Therefore due to the deficiency in service on the part of Opposite Party the complainant suffered huge loss and mental agony. Opposite Parties bounds to compensate the loss and agony suffered by the complainant. Opposite Parties is bound to refund the amount Rs. 3,85,000/- with a compensation of Rs. 1, 00,000/- along with cost. Opposite party 1 and 2 jointly and severally liable to refund the afore said amount to the complainant
In the result complaint is allowed directing Opposite party 1 and 2 to refund the amount of Rs. 3,85,000/- with compensation of Rs. 1,00,000/- (Rupees One lakh only) along with cost of Rs. 5000/- (Rupees Five thousand only) to the complainant.
The time for compliance is 30 days from the receipt of the copy of this judgement.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Pay slip Dt: 04/01/2021
A1(a) Pay Slip Dt: 10/02/2021
A2- Receipt Dt: 04/02/2021
A2(a) – Receipt Dt: 11/02/2021
A3- Pay Slip Dt: 18/02/2021
A4- Receipt18/03/2021
A5- KSEB bills
A6- Bill Rs. 2970/-
A7- Cash receipt
A8- Tax invoice Dt: 29/04/2021
A9- Cash/ credit bill Rs. 1685/-
A10- Bill Rs. 560/-
A11- Letter issued by OP No:1
A12- Lawyer notice
A13 & A13(a) – Postal acknowledgment
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
