D.O.F. 08.03.2013
D.O.O. 12.12.2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman K. : Member
Sri. Babu Sebastian : Member
Dated this the 12th day of December, 2013.
C.C.No.68/2013
Saseendran A.V.
Aasareente Valappil House,
Keezhara
P.O. Mavilayi : Complainant
Kannur – 670 622
Office Manager,
Grama Bharathi Biogas &
Water Treatment Agency : Opposite Party
Citizen Building
Opp. Govt. Training School,
Thalassery Road, Kannur – 670 002
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 pay an amount of `45,300 which includes `500 which was given to opposite party for installation of biogas plant.
The case of the complainant in brief is as follows : The complainant contacted the opposite party for installation of biogas plant. The opposite party asked the complainant to pay an amount of `1000 towards advance. As the complainant was having only `500 he gave that amount to the opposite party as advance. Although opposite party agreed to install the biogas plant within two months he has not done so. After the expiry of three months the complainant contacted the opposite party and opposite party informed that he will install it within two weeks. But the opposite party did not install the biogas plant. When the complainant went to the office of opposite party and enquired with the staff she behaved very arrogantly towards the complainant. The opposite party has not installed the biogas plant till this date. Hence this complaint is filed by the complainant to direct the opposite party to return the `500 along with compensation of `44800.
The notice was issued to the opposite party. But it was returned as “office closed down”. So publication was taken out against opposite party. Thereafter also the opposite party has not appeared before the Forum.
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 consists of his chief examination as PW1 and Ext.A1 to A4.
The complainant has filed chief affidavit in tune with his pleadings.
The complainant has booked for biogas plant in the opposite party’s office by paying an amount `500 and that is proved through Ext.A1 receipt. Ext.A2 notice is issued by opposite party and according to the complainant he has contacted to opposite party after seeing that
notice Ext.A3 is the newspaper daily which shows that publication taken out against opposite party. Ext.A4 receipt is the bill which shows the cost of publication taken by the complainant. As per the evidence adduced by the complainant the opposite party has not installed the biogas plant as promised by him. The opposite party has not appeared before this Forum to contradict the evidence given by the complainant. The documents produced by the complainant also proves the case of complainant. The act of the opposite party shows that he has done deficiency in service. So the complainant is entitled to get the remedy.
The opposite party is liable to return the advance of `500 to the complainant. Moreover the act of opposite party caused several hardships to the complainant. The behavior of the staff of opposite party also caused mental agony to the complainant. So the opposite party is liable to give an amount of `500 towards compensation to the complainant. As per the Ext.A4 receipt the complainant has spend an amount `480 towards publication. So the opposite party is liable to give `1480 towards litigation cost.
In the result the complaint is allowed directing the opposite party to return back `500 (Rupees Five Hundred only) and to pay an amount of `500(Rupees Five Hundred only) towards compensation and `1480 (Rupees One Thousand Four Hundred and Eighty only) towards cost of the proceedings 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 complainant is at liberty to execute the order as per the provisions of the Consumer Protection Act.
Dated this the 12th day of December, 2013.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Advance receipt dated 24.01.2012.
A2. Advertisement.
A3. ‘Sudinam’ News Paper daily on 13.07.2013.
A4. Bill dated 12.07.2013.
A5. ‘Sudinam’ News Paper daily on 16.07.2013.
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1. Chief examination of complainant.
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
