PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 3rd day of July 2012
Filed on : 29/02/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 112/2012
Between
RDS Nedungadan Residency Owners : Complainant
Association, RDS Nedungadan (By Dr. K.P. Satheesan,
Residency, Ernakulam, ‘Dwaraka’ Chittoor road,
Kochi-682 018. Kochi-18)
And
Rentokil India Pvt. Ltd., : Opposite party
32/1495 B2, 3rd Floor, (absent)
Chackos Chambers,
Pipeline Junction,
Ernakulam, PIN-682 025.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
The complainant is the Association of owners of the residential Apartment Complex Nedungadan Residency. The complainant was given an offer that the termite problem in the building could be solved by conducting a pest control treatment. Accordingly the complainant and the opposite party entered into an agreement for the same on 10-07-2009 at a cost of Rs. 90,000/-. 10 years warranty has been provided by the opposite party for the treatment. The complainant paid 50% of the total cost i.e.Rs. 45,000/- to the opposite party on the date of agreement. Thereafter the complainant paid 40% of the total cost. Though the opposite party completed the pest control treatment as agreed there is no effect at all to the infestations as there were complaints through out from various apartments. On
29-11-2011 the complainant caused to issue a lawyer notice to the opposite party, the opposite party received the notice on 07-12-2011 but there was no response. So the complainant is before us seeking direction against the opposite party to refund Rs. 81,000/- with 12% interest together with compensation of Rs. 1 lakh. This complaint hence.
2. The opposite party duly received the notice of this complaint from this Forum, but decided not to contest the matter for their own reason. Proof affidavit was been filed by the complainant and the witness for the complainant was examined as PW1. Exts. A1 and A2 were marked on their side. Heard the learned counsel for the complainant.
3. The points that arose for consideration are
i. Whether the complainant is entitled to get refund of Rs.
81,000/- with interest from the opposite party?
ii. Whether the opposite party is liable to pay compensation of
Rs. 1 lakh to the complainant association.?
4. Point No. i. Ext. A1 is the agreement entered into between the complainant and the opposite party dated 10-07-2009 to provide the service of termite control treatment in the building with a 10 year warranty. According to the complainant the total amount agreed was Rs. 90,000/- out of which an amount of Rs. 81,000/- was paid to the opposite party. It is stated that after the treatment as agreed there was no effect of treatment and termite problem persisted. It is pertinent to note that the opposite party failed to respond to Ext. A2 lawyer notice and the notice issued from this Forum which speaks volumes. The non response of the service provider to the above notices itself amounts to deficiency in service on their part not only to mention that they have not complied with the direction of this Forum but also that they have not gone by Ext. A1 agreement. In the above circumstances the opposite party is liable to refund Rs. 81,000/-, the amount received from the complainant with 12% interest per annum from the date of receipt till realization.
5. Point No. ii. Admittedly the complainant is a legal person, a legal person can not suffer mental agony, pain and shock as claimed by the complainant as held by the decision of the Hon’ble Supreme Court in Sikka Papers Ltd., Vs. National Insurance Company Ltd. & Ors. (2009) CTJ (Supreme Court) (CP)P 706 (2009) CTJ that goes to substantiate our decision. Therefore the complainant is duly not entitled for any compensation with reverence to the higher wisdom of the Hon’ble Supreme Court and the complainant’s grievance having been met squarely.
6. In the result, we allow the complaint in part and direct that the opposite party shall pay Rs. 81,000/- to the complainant with interest @ 12% p.a. from the date of receipt till realization.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 3rd day of July 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of agreement
A2 : Copy of lawyer notice
dt. 29-11-2011
Opposite party’s Exhibits : : Nil
Depositions:
PW1 : Wilfred J Nedungadan
