DATE OF FILING: 20.12.2012
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 25th day of March, 2013
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.LIZAMMA ABRAHAM.K MEMBER
C.C No. 316/2012
Between
Complainant : Thomas Varghese,
Chemparathickal House,
Muthalakkodam P.O,
Thodupuzha, Idukki District.
(Proprietor, Regent Hotel,
Muthalakkodm)
(By Adv: K.M.Sanu)
And
Opposite Parties : 1. The Proprietor,
Smart Chef Traders,
Adam Star Complex,
175, 2nd Block, 2nd Floor,
Muvattupuzha Road,
Thodupuzha – 685 584,
Idukki District.
2. Rajesh.R,
Smart Chef Traders,
Adam Star Complex,
175, 2nd Block, 2nd Floor,
Muvattupuzha Road,
Thodupuzha – 685 584,
Idukki District. O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant is proprietor of a hotel in the name and style “Regent Hotel” at Muthalakkodam in Thodupuzha. The 2nd opposite party who is the agent of the Ist opposite party approached the complainant in the month of October, 2011 and described about the bio-gas plant of the Ist opposite party. He assured that the bio-gas plant having of 15 Kg. capacity will enable to provide bio-gas for 3 hours for a 3 burner stove, which is a portable machine and also described such other facilities of the plant, which costs about
Rs.57,500/-. The complainant paid Rs.10,000/- as advance 3.10.2011 and booked the same. Afterwards on 4.02.2012 the plant was implemented by the opposite party. At the time of implementing the same an amount of Rs.47,500/- was received by the opposite party and also an amount of Rs.2,000/- for filling the cow dung in the plant, a receipt for Rs.47,500/- was also given to the complainant. They have also assured for a warranty of 20 years for the plant. The opposite party demonstrated the working of the plant after 3 days of filling the plant and also assured that after filling 15 Kg. of bio- waste, the plant will work for 3 hours. As per the assurance of the opposite party, the complainant filled the bio-gas plant with bio-waste, but never he received bio-gas as per the assurance given by the opposite party. A small quantity of gas was received in certain weeks and after that the plant became useless. The matter was convinced to the opposite party twice and the persons of the opposite party came over there and changed the tubes of the burner. But they were not able to cure the defects of the plant. The complainant paid the amount by availing loan and also borrowing from other persons as per the assurance of the opposite party. It is also assured by the opposite party that the plant was having the recognition of Agricultural Department, Rubber Board, ANERT, KRWSA etc. Several repeated requests of the complainant, the opposite party never turned up. So this petition is filed for getting the amount paid by the complainant for supplying low quality bio-gas plant with compensation.
2. The opposite party was absent. Eventhough notice was issued from the Forum, the opposite party never filed written version and so made exparte.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to ?
4. No oral evidence adduced by the complainant. Exts.P1 and P2 marked on the side of the complainant.
5. The POINT:- Heard. As per the complainant, the agent of the opposite party Mr.Rajesh.R. approached the complainant and described about the bio-gas plant of the Ist opposite party. They have assured to provide 3 hours of bio-gas for a 3 burner stove after filling 15 Kg of bio-waste. As per the assurance given by the opposite party, the complainant paid Rs.10,000/- as advance on 3.10.2011 and after that the plant was implemented by the opposite party on
4.02.2012 and they have received an amount of Rs.47,500/- as cost of the plant and Rs.2,000/- for filling cow dung in the plant. Eventhough the opposite party demonstrated the same after 3 days, received only a small quantity of gas for certain weeks. After that the bio-gas plant was not at all working. Ext.P1 is the Order Form dated 3.10.2011 issued by the opposite party after receiving Rs.10,000/- as advance. Ext.P2 is the bill issued by the opposite party after receiving Rs.47,500/- from the complainant. After repeated requests of the complainant, the opposite party never turned up. We think that the Ext.P2 receipt for an amount of Rs.47,500/- shows that the complainant paid the entire amount for the implementation of the gas plant. But the plant was not at all working as per the assurance given by the opposite party. But these matters are not at all challenged by the opposite party in anywhere. So we think it is a gross deficiency from the part of the opposite party and the opposite party should compensate the same. Eventhough it is stated by the complainant that Rs.2,000/- has been charged from the complainant as additional cost of filling bio-waste, there is no evidence produced for the same.
Hence the petition allowed. The opposite parties are directed to pay Rs.57,500/- to the complainant after taking back the defective portable bio-gas plant within 30 days of receipt of a copy of this order. The opposite parties are also directed to pay Rs.750/- as cost of this petition within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 25th day of March, 2013
Sd/-
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT.LIZAMMA ABRAHAM.K(MEMBER)
APPENDIX
Depositions :
On the side of Complainant :
Nil
On the side of Opposite Parties :
Nil
Exhibits:
On the side of Complainant:
Ext.P1 - Order Form dated 3.10.2011 issued by the opposite party
showing the payment of Rs.10,000/- as advance
Ext.P2 - Bill dated 14.02.2012 for Rs.47,500/- issued by the
opposite party
On the side of Opposite Parties :
Nil
