BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31st day of March, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.9/2009

Between

Complainant : Sebastian S/o Jacob,

Mappilasseril House,

Paduva Estate,

Puliyanmala P.O,

Idukki District.

(By Adv: Jaiju.D.Arackal)

And

Opposite Parties : 1. Rajesh Menon @ Unni,

Sivagirimangalam House, Kuzhitholu P.O,

Pothumkandam.

2. R.Sasi,

Illickal House,

Pampadumpara P.O,

Nellippara,

Idukki District.

3. Manikandan,

Athulya Engineering Works,

Vandanmedu P.O,

Amayar, Idukki District.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

The complainant is a planter, residing at Paduva Estate, Puliyanmala. The opposite parties were the partners of Athulya Engineering Works, Amayar, Vandanmedu and were engaged in manufacturing and installation of cardamom curing driers. The opposite parties agreed to install a cardamom drier at the complainant's estate during June 2008 for the purpose of curing cardamom from complainant's estate. The total agreed price was Rs.1,25,000/- and the opposite parties jointly received an amount of Rs.1,20,000/- out of the total agreed price. The agreement was to complete the installation of the drier within 30 days of receiving the order, so as to use the drier for the crop of the last season. The complainant had arranged separate electricity connection for the same and he is paying the minimum charges for the last five months without using the electricity. Inspite of receiving the advance on 12.06.2008 the opposite parties have not so far installed the drier as agreed. So the complainant had to dry his cardamom outside at the rate of Rs.7/- per Kg. The complainant had issued a lawyer notice to the opposite parties on 4.12.2008 requesting return of the advance amount of Rs.1,20,000/- but no reply was given by the opposite parties. The complainant incurred a loss of Rs.75,000/-due to the delay caused for the installation of the drier. So the petition is filed for getting the advance amount paid to the opposite parties and also for such other reliefs.

2. Notice was duly served to the opposite parties, but they never appeared and were called exparte.

3. Complainant was examined as PW1 and Exts.P1(series) to P3(series) were marked on the side of the complainant.

4. The POINT :- The opposite party agreed with the complainant for the construction of a cardamom drier at his estate and they received a consideration for the same. The complainant was examined as PW1. Ext.P1 is the estimate cum agreement created between the complainant and the opposite party. The receipt for the payment of advance is also written in Ext.P1. But the opposite party never acted upon the agreement after receiving Rs.1,20,000/- from the complainant. The complainant incurred a loss of Rs.75,000- because of the act of the opposite parties, the complainant had to dry his cardamom outside at Rs.7/- per Kg. And the minimum electricity charge was also paid by the complainant for 5 months. A lawyer notice was issued by the complainant on 4.12.2008 to all of the opposite parties for return of the advance money with 18% interest together with a compensation of Rs.1,00,000/-, the office copy of the same is marked as Ext.P2. But no reply was given by the opposite parties. Ext.P1 says that the opposite parties have received Rs.1,20,000/- as advance amount as alleged by the complainant. That was not challenged by the opposite parties. The opposite parties received a consideration for constructing a cardamom drier in complainant's estate and the work was not completed by the opposite parties, which is a gross deficiency in the part of the opposite parties. The complainant incurred a heavy loss nearly Rs.1,00,000/- by the act

of the opposite parties and so we think it is fit to order against the opposite parties to return Rs.1,20,000/- to the complainant which is received as advance money from the complainant and Rs.50,000/- as compensation for the damages caused to the complainant.

Hence the petition allowed. The opposite parties are directed to return Rs.1,20,000/- to the complainant which is received as advance money from the complainant for the construction of the cardamom drier and Rs.50,000/- as compensation for damages and mental agony caused to the complainant within one month 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 31st day of March, 2009

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Sebastian.J.Mappilassery

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Ext.P1(series) - True copy of Agreement Form dated 27.06.2008 cum

Estimate cum Cash Voucher

Ext.P2(series) - Copy of legal notice dated nil issued by the advocate of

the complainant to the opposite parties

Ext.P3(series) - True copy of AD Cards and Postal Receipts

On the side of Opposite Parties :

Nil