Kerala

Idukki

CC/75/2021

Beena Sathyabalan - Complainant(s)

Versus

Santhosh - Opp.Party(s)

27 Sep 2022

ORDER

DATE OF FILING : 28.4.2021

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the    27^th  day of  September,  2022

Present :

                    SRI. C. SURESHKUMAR                   PRESIDENT

SMT. ASAMOL P.                               MEMBER

SRI. AMPADY K.S.                            MEMBER

CC NO.75/2021

     Between

Complainant                                        :  Beena Sathyabalan,

                                                                Valakottuchirayil House,

                                                                2^nd Mile, Amaravathi P.O.,

                                                                Kumili, Idukki.

    (By Adv: Jayan Joseph)

        And

Opposite Party                                     :  Santhosh Madasseri,

                                                                Navajyothi Biogas, 13/176 A,

                                                                Eloor Feri Road,

                                                                Udyogamandal P.O.,

                                                                Kalamassery – 683 501.

   (By Advs: Lekha S. Menon & Lissy M.M.)

 

O R D E R

SRI. AMPADY K.S., MEMBER

 

1.  Allegations of the complainant are as follows :

 

          She and her 2 children are residing in the address given in the complaint.  Her husband is working abroad. While searching Google, during lock down period, it is seen that opposite party’s institution is a part of Kerala Sanitary Mission.  Opposite party informed complainant that repair work would be done free of cost for one year and also that if the waste in the house is deposited in the tank, sufficient biogas would be obtained for kitchen purpose.  It is also informed by opposite party that sufficient bio fertilizer would be obtained for plants etc. On 4.7.2020, opposite party had installed Navajyothi Biogas plant in her house.  He informed her that sufficient gas would be obtained for food preparation after one week.  Accordingly, he received Rs.13,125/- in cash from the complainant.  After repeated requests, he had given the bill through                                                                                                                             (cont….2)

• 2  -

e-mail.  As gas was not obtained from the plant after one week, complainant informed the matter to opposite party and according to his direction, she had purchased cow dung and wheat powder and mixed it and poured in the tank and also deposited house waste  in it.  Instead of getting gas, bad smell spread in the surrounding places and therefore she and her children and also the neighbours had to suffer.  Air pollution was also happened.  After regular call to opposite party, he and his employees reached in her house in September, 2020 and done something there in the plant and stated that plant would get ready and obtain gas after one week. 

 

          Thereafter she had contacted the opposite party over phone, 2 persons were arrived in October and while opening the gas plant, bad smell arose and seen that waste are not decayed and it was taken from the plant and put in her property.  Neighbours had given complaint to the Health Department and Health Inspector came to the place and waste was digged by sand.  It is informed by the employees of opposite party that plant would be ready after 2 weeks and they obtained Rs.3000/- from her. When she informed this to opposite party over phone, he spoke to her in a bad language and also in sexual words.  When she objected to that comments, he threatened her stating filing of case against her.  She had to suffer head ache and fracture was happened in her hand on 30.1.2022 and therefore, she had  hospitalized for 2 weeks.  For the aforesaid talk made by him, she had filed a criminal complaint before Police Station, Kumili, on 15.2.2021. After making various offers like removal of house waste, obtaining of gas etc. food preparation, receipt of bio fertilizers for plant, free service for one year and thereby, he installed the useless plant and obtained Rs.13,125/- and also Rs.3000/- towards repair work which were stated to be free of cost in the initial stage.  Besides his above mentioned action and attitudes resulted in spreading of air pollution and also she had suffered mental and physical agony.  After taking back the biogas plant, he had not given her price there of.  It is criminal breach of trust and cheating.  These facts were known to labourers also.  Hence she prayed for the following reliefs :

1)  opposite party may be directed to pay bill amount Rs.13,125/- and Rs.3000/-, being excess amount obtained from her.

2)  opposite party may be directed to pay Rs.1 lakh as compensation for the afore mentioned mental agony and various difficulties suffered by her and her children.

3)   Litigation cost may also to be granted.

 

She had produced copy of the following documents with complaint.

1)   Invoice slip No.44 dated 4.7.2020, issued by opposite party.

2)  Complaint dated 15.2.2021 filed before SHO, Police Station, Kumili.

 

2.  Opposite party has filed detailed version.  It is summarized as here under:

                                                                                                              (cont….3)

 

• 3  -

          At the very outset,  he submitted that the allegations, averments and contentions in the complaint, save those which are specifically admitted hereunder, are perse false and misleading and hence the same are denied.  There is no deficiency of service or unfair trade practice from the part of opposite party as alleged by the complainant.  The complainant has suppressed material facts and has taken all crooked steps with the assistance of one Jayan Joseph who introduced himself as the Sub Inspector of Kumili Police Station to physically and mentally harass the opposite party.  The complainant has narrated a cock and bull story in the complaint.  The complainant has gone to the extent of defaming the opposite party herein by giving false statements in print and visual medias, for which the opposite party humbly reserves the right to initiate appropriate legal proceedings.  False complaints were filed before the SHO, Kumili Police Station and also before the Hon’ble Judicial First Class Magistrate Court-2, Peerumedu, Idukki against the opposite party herein by complainant.   The opposite party herein is an accredited Sanitation Service Provider of the State Sanitation Mission.  He claimed that Government of Kerala has approved the valuable services rendered by him to various institutions and public at large.  He has been endowed with meritorious achievements from international / National / State Government Instrumentalities and Plenary Bodies.  He has received more than 21 awards, certificates, reviews and medals in waste management and sanitation etc.  In 2015, the opposite party herein has been recognized by grant of international award ISNCESR’15, 2015 for presenting a research paper about innovative technology in Bio-methanation jointly  conducted by the Chhattisgarh Energy Development Agency and the Pathivi College of Engineering.  In 2018, the opposite party has been awarded 1^st Prize by the National Institute for Rural Development and Panchayathi Raj (NIRD & PR), for introducing Micro-Aerated Mixed Culture Fed-Batch Technology in bio-gasification.  Opposite party is an authorized training programmer and external faculty for Green Energy Initiatives for National Service Scheme – Industrial Training Institute (NSS-ITI) and the Petroleum Conservation Research Association (PCRA), Government of India.  Opposite party is an entrepreneur in waste management and sanitation supported by the Kerala State Start-up Mission. Opposite  party was research funded by the Energy Management Centre, Government of Kerala. It is humbly submitted that, opposite party is running M/s. Navajyothi Biogas Manufacturing cum supply unit at Eloor, via Kalamassery of Ernakulam District instituted in 2009 and registered in 2017.  The said unit was started based on the support received from various central / state institutions.  The opposite party has got name and fame in the biogas industry being the manufacturer of biogas plant at the most economic price and also using the best-in-class technology available.  Since 2017, the opposite party has sold as well as installed about 3500 Biogas Plants throughout the country and abroad.  So far, no room for any complaint whatsoever has been made regarding the expertise, manufacture, operation of the unit and also about the service by opposite party, except the instant case.  After getting information about                                                                                                                 (cont….4)

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manufacturing, process of operation, terms and conditions regarding purchase, installation, service, etc., from the Google website, complainant had contacted opposite party on 28.6.2020 over mobile phone.  When more details were asked by complainant, opposite party had sent all necessary details through WhatsApp to complainant on the very same day itself in her WhatsApp mobile number +91 – 9544942006.  The details including the terms and conditions of purchase / sale / service / product rate / installation charge / guarantee / warranty etc., were specifically given to  complainant through the said WhatsApp message.  Complainant had accepted all the aforesaid terms and conditions and placed purchase order over phone for the biogas plant which consists of a fermentation plant (digester tank), a biogas holding jacket, biogas burner and also connection sets.  Based on the said purchase order, the biogas plant was installed as early as on 4.7.2020 by opposite party on behalf of complainant.  It is submitted that even before installation, complaint had been informed that she had to pay an amount of Rs.12,860/-  and tax towards the product cost.  She was further informed that she had to pay Rs.2800/- also in addition to the aforesaid product cost towards labour charge, inoculums, digestate, transportation and installation charge.  Since complainant had accepted all these terms and conditions, the plant was supplied and installed based on her purchase order.  After installation, a bill was given to complainant quoting Rs.13,125/- which included Rs.12,500/- as product cost and Rs.625/- as 5% tax.  In the said bill, it was specifically stated that the same did not include the labour charge, installation charge, transportation charge etc.  It may  kindly be seen that though an amount of Rs.12,800/- was quoted as product price initially, Rs.360/- was deducted as discount from the product cost.  To the utter shock and dismay of opposite party, complainant immediately started to further negotiate regarding the installation and transportation charge.  She declared that she could not give the transportation / installation charge of Rs.2,800/-.  Opposite party took earnest efforts to convince the complainant regarding the pain and sufferings of manufacturing unit and also about the payment of labour charge, transportation charge, installation charge etc.  But complainant had quarreled with the opposite party.  She folded the bill and threw away the same roaring that she could not give the installation / transportation charge.  Opposite party had no other way than to accept Rs.13,125/-, otherwise the only remedy was to take back the plant.  Being an accredited manufacturer and service provider, opposite party was not willing to take back the product and was forced to accept Rs.13,125/- by hand from complainant.  Complainant had contacted opposite party over phone and informed that the plant was started functioning smoothly.  She had further requested to send a copy of the bill and the same was sent.  It is humbly submitted that after installation, the biogas plant was functioning smoothly and no request was raised by complainant seeking any kind of service of the biogas plant for about more than a month from the date of installation.  After about more than a month, complainant had contacted  opposite  party  and   informed   that   foul   smell   was   coming   from                                                                                                                        (cont….5)

• 5  -

the plant.  It was also informed that deficiency of gas formation was also noted by her.  When complainant contacted opposite party, opposite party immediately responded to the same and advised her to feed a mixture of cow dung and wheat flour as a part of nutrition so as to nitrify the plant since it is the live bacteria that ferments food waste to produce biogas.  After about three days, complainant again contacted opposite party and informed that there was no change for the foul smell despite the use of mixture of cow dung and wheat flour as stated above.  Considering the request, opposite party sent his technician to the site.  Surprisingly, it was found that the tap of the burner was left unclosed.  No other issues were found in the plant.  The smell occurred  due to the biogas spread through the burner due to the negligent act of complainant.  Since the tap of the burner was kept unclosed, the gas formed in the plant instead of storing the same in the jacket was spread through the burner resulting in the smell.  When the said fact was brought to the notice of complainant, she apologized to opposite party.  It may kindly be seen that there was no manufacturing defect to the biogas plant and no deficiency in service from the side of opposite party.  After this incident, complainant did not raise any claim for service for a further period of two months.  After about two months from the date of previous service, complainant again contacted opposite party and informed that there was no outflow of slurry from the outlet, and, hence, no feeding was possible to which opposite party advised certain home remedies which complainant was reluctant to execute.  After receiving the said information, opposite party with the assistance of Shri. Sunil Ahamed, a close friend and service provider of Suchitwa Mission, inspected the site and checked the biogas plant on a convenient date as mentioned by complainant.  During the course of inspection, it was found that some huge objects were blocking the outflow of slurry from the outlet.  It may please be seen that without even conducting a preliminary check of outlet tank, complainant had contacted opposite party.  Had the huge objects which blocked the outflow of slurry been removed by complainant from the tank, the said problem could have easily been rectified by the complainant herself.  In addition to that, it is pertinent to note that complainant had deposited such a huge size of waste (non-pretreated feed) into the fermentation plant (digester tank) violating the very valuable and binding fundamental rules stipulated in the user manual regarding the usage, operation and service of the biogas plant.   After about  one month from the date of aforesaid incident, complainant had contacted opposite party once again and told that the digested liquid (slurry) was not going through the outlet.  Though opposite party had advised her to check the possibility of causing block in the outlet as happened earlier, she informed the opposite party that she had checked the same and she could not find out the exact reason for the stoppage of free flow of the slurry.  The opposite party decided to send his technicians for conducting a detailed check up of the said biogas plant.  When inspection was conducted it was quiet shocking and surprising to realise the fact that, apart from the above mentioned items, several kinds of non-biodegradable wastes including some water                                                                                                                          (cont…6)

• 6  -

absorbent products causing foul smells were also seen dumped in the Fermentation Plant (Digester Tank).  Complainant is duty bound to use biodegradable waste which degrades within 45 days in the plant.  The complainant wanted to empty the tank with immediate effect.  Emptying the tank requires necessary technical / legal clearance.  Since there was obnoxious smell in the said wet non-biodegradable waste, opposite party advised the complainant to provide adequate place to bury the said waste, that too without affecting the neighbours or the local public.  But complainant forced the opposite party and the technicians to decant the waste and slurry within the very same property where the plant was installed assuring that no problem would be caused for opposite party or the technicians.  Relying on the instructions and fully believing the words of complainant, the technicians started the process of decanting the said waste / slurry.  In the midst of the process, some of the neighbours came there and told the complainant to stop the work due to smell that emanated from the wet non-degradable waste during the course of decanting.  Complainant immediately started to quarrel with them.  After some time, based on the complaint raised by the neighbours, the Health Inspector and other officials of the Kumily Panchayath had come there and directed the technicians to stop the process of decanting.  The Health Inspector had warned the complainant and directed her not to restart the process of decanting the slurry / waste without obtaining necessary NOC / permits from the Panchayath and Pollution Control Board in accordance with law.  Opposite party had also directed the technicians not to restart the work without getting NOC from the authorities concerned.  After some days, the husband of complainant who was working abroad had contacted opposite party from his mobile phone + 96894359250.  He forced the opposite party to complete the process of decanting the waste.  Opposite party informed him that it could be done only if the NOCs from various authorities as stated above are obtained.  Then he threatened opposite party that unless the process was completed, opposite party would be ready to face dire consequences.  In February 2021, one Sri. Sibi Sebastian had contacted opposite party from his mobile phone number 9747458622.  He introduced himself that he was a police officer of Kumily Police Station.  He further informed that a petition was received from complainant herein against opposite party regarding the installation and service of biogas plant.  Opposite party was directed to appear at Kumily Police Station as a part of inquiry based on the aforesaid petition.  On 26.2.2021, opposite party went to Kumily Police Station.  At about 9.30 a.m., opposite party reached at Kumily Police Station along with his close friend Sri. Sunil Ahamed.  After about 15 minutes, complainant came there.  The SHO and Police Officers interacted with complainant and opposite party.  Complainant demanded the opposite party to take back the biogas plant after paying back Rs.13,125/-.  Being a reputed accredited service provider, opposite party agreed to take back the plant provided the biogas plant must be delivered to the work site at Eloor, Ernakulam District by complainant herself, at her cost and responsibility, after properly cleaning the Biogas Plant.  Based on the said consensus,                                                                                                                       (cont….7)

• 7  -

the terms of settlement were drafted in a paper by a woman civil police officer therein.  Opposite party affixed his signature on the said paper.  Shockingly, the complainant was not ready to affix her signature.  She then informed that she had to discuss the matter with a Sub Inspector of  Police, who was not seen there till then.  After some time, a man if seen, identifiable, rushed to the police station.  He introduced himself as the Sub Inspector of Police.  He was not in uniform.  He came there in civil dress.  Hence opposite party asked his name.  then he told that he was Jayan Joseph.  He asked the complainant who was the “fraud” who cheated the complainant.  Complainant then looked on the face of opposite party.  Immediately the said Jayan Joseph shouted against opposite party, abused him using most indecent / abusive words and filthy language demanding to pay back the money to complainant.  He further attempted to hit on the face of opposite party.  But opposite party repeated to abide the conditions as per the aforesaid settlement.  The aforesaid Jayan Joseph wanted the opposite party to accompany him along with the complainant to the site where the biogas plant was installed.  When opposite party and others reached the residence of complainant along with the aforesaid Jayan Joseph, complainant started to threaten opposite party.  Sri. Jayan Joseph pushed the opposite party and abused him.  Sri. Jayan Joseph and complainant declared that opposite party could not leave the site without making the payment.  Opposite party was threatened to take back the entire biogas plant with immediate effect after paying the entire amount on the very same day.  Opposite party informed him that he was having only Rs.5000/- in his pocket.  But Sri. Jayan Joseph was not willing to accept the Rs.5000/-.  Fearing Sri. Jayan Joseph, complainant and her henchmen assembled at her residence at Kumili in Idukki District and also considering the urgency of opposite party to come back to Ernakulam at his residence, opposite party arranged Rs.3000/- from his close friend Sunil Ahamed and paid Rs.8000/-.  Sri. Jayan Joseph put Rs.3000/- in his pocket alleging that it would be required for laboratory examination and paid Rs.5000/- to complainant.  After remitting Rs.8000/- the Biogas Holding Jacket, the Biogas Burner and the hose and connection set were taken back by opposite party.  But, the Fermentation Plant (Digester Tank) was not taken back by opposite party because it was not possible to bring back since the tank was not emptied.  Apart from that, opposite party was not willing to take back the same at his cost.  For making endorsement regarding the said aspect, the opposite party, the complainant, Sri. Sunil Ahamed, and Sri. Jayan Joseph returned back to the Police Station.  After coming back to the Kumili Policy Station on 26.2.2021 at about 1.30 p.m., Sri. Jayan Joseph again changed his behavior.  He threatened opposite party that the Fermentation Plant (Digester Tank) could not be given back to opposite party.  He told that opposite party had to pay Rs.12,000/- more within Rs.15.3.2021 for the reason that the biogas plant which installed was allegedly not working.  He himself dictated the terms to the women civil police officer incorporating the bank account number of complainant.  Opposite party was further threatened that he could leave the station only if he affixed his

                                                                                                                  (cont….8)

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signature in the said paper.  Sri. Jayan Joseph also threatened that false crime would be registered wrongly alleging outraging  the modesty of complainant and opposite party would be arrested and sent to jail, unless the signature is affixed.  Hence opposite party was forced to sign in the second alleged settlement dictated by the aforesaid Jayan Joseph without the free consent of opposite party.  The signature was affixed due to coercion from the part of Sri. Jayan Joseph and was affixed not according to the free will of  opposite party.  It is pertinent to note herein that all Police Officers who were present in Kumili Police Station except the aforesaid Jayan Joseph were very cordial to opposite party.  After that, opposite party came back to Ernakulam along with Sri. Sunil Ahamed.  On 8.3.2021, one Sri. T.S. Lalu contacted opposite party and said that complainant would dump the slurry waste which was remaining in the tank at her own risk.  It was also requested to give the balance amount.  But opposite party replied that the terms were fixed without his consent.  It was also replied that the biogas plant must be delivered to Eloor at complainant’s cost.  On 15.3.2021, complainant had sent a WhatsApp message demanding the alleged payment for with no reply was sent by opposite party.  On April 2021, opposite party has received a show cause notice from Suchitwa Mission, by which it was informed that the Mission had got a complaint dated 21.1.2021 through e-mail from the complainant herein.  Opposite party submitted a reply to the said show cause.  On 19.3.2021, opposite party sent a letter by registered post to the SHO, Kumili Police requesting him to issue an attested copy of the terms of the aforesaid alleged settlement, signed by opposite party with the instance of Sri. Jayan Joseph.  So far, no reply has been received by opposite party.  It is humbly submitted that opposite party was contacted from the Kumili Police Station.  It was informed that CMP No.674/2021  had been filed by complainant against opposite party and some others before the Hon’ble Judicial First Class Magistrate’s Court-II, Peerumedu.  It  was further informed that, since the same was forwarded to Police Station, a crime was registered.  Opposite party immediately rushed to the Hon’ble Sessions Court, Thodupuzha and obtained Anticipatory Bail by filing Criminal M.C. No.381/2021 in Crime No.190/2021 of Kumili Police Station.  Complainant has filed the aforesaid CMP raising perse false allegations.  Complainant also gave false statements to the print and visual media adversely affecting the fame, name and goodwill of opposite party.  It is pertinent to note that the news item reported in Mangalam Daily dated 26.4.2021 shockingly reveals that the aforesaid Jayan Joseph was an advocate.  Still the opposite party does not know the official capacity / position of the aforesaid Jayan Joseph.  The allegations leveled against opposite party herein as per the new item published in various print and visual medias including Mangalam Daily dated 26.4.2021 are perse wrong and hence denied. 

 

Paragraphs 1 and 2 of the complaint has to be proved by complainant herself.  Regarding the averments in paragraph 3 of the complaint, it is humbly submitted that the

                                                                                                                    (cont….9)

• 9  -

biogas plant was ordered by the complainant, because, she was in dire need for the same.

The order was placed not due to any inducement or force from the part of opposite party.  It was placed according to the free will of complainant.  The allegations to the contrary in paragraph 3 are incorrect and hence denied.  Regarding the averments in paragraph 4 of the complaint, it is humbly submitted that the purchase order was placed after conducting detailed discussions and also after sending the terms and conditions of usage, service, price, installation charges, etc., it is true that Rs.13,125/- was received.  But the allegation that the bill was not given is untrue and hence denied.  The bill was given at the spot on the very same day of the installation itself.  But, a copy of the same was subsequently given because, the original bill was folded and thrown away by complainant and a copy of the same was requested subsequently as stated supra.  The allegations, averments and contentions in paragraph 5 and 6 of the complaint are utter false and misleading.  The true and correct facts are stated above by opposite party.  Regarding the allegations, averments and contentions in paragraph 7, it is humbly submitted that the circumstances under which the Health Inspector visited the plot are explained herein above.  The allegations to the contrary are against the truth and hence denied.  The further allegation that the employees of opposite party had received Rs.3000/- from the complainant is apparently incorrect and hence denied.  In addition to Rs.13,125/- not even a single paisa was given by complainant to opposite party or his staff’s as service charge or installation charge till date. 

 

The allegations, averments and contentions in paragraph 8, 9 and 10 of the complaint are malafide, arbitrary, harsh and apparently untrue as well as misleading and hence the same are denied.  The averment in paragraph 9 is to be proved by complainant herself.  Opposite party denies the said averment also.  It is true that a petition was preferred by complainant to Kumili Police Station, but not for the reason stated in paragraph 10.  The reason stated in preferring petition in paragraph 10 are bereft of any bonafide and hence the same are denied.  In fact, what happened in the Police Station has already been narrated herein above and the contentions to the contrary are incorrect and hence denied by opposite party.    The allegations, averments and contentions in paragraph 11 of the complaint are apparently incorrect and hence denied by opposite party.  Opposite party did not force the complainant to purchase the plant.  Opposite party did not offer free service for 1 year.  Opposite party did not install an unusable plant.  Opposite party or his staffs did not receive Rs.3000/- as alleged.  Opposite party did not abuse the complainant over phone.  Opposite party did not threaten or abuse the complainant so as to outrage her modesty.  Opposite party did not cause any mental harassment to complainant as alleged.  Opposite party did not cause any environmental pollution causing foul smell in the plant as alleged.  It was the complainant who caused the environmental pollution without getting any necessary clearance from the authorities concerned.  The opposite party has taken back the Gas Holding Jacket, Burner and the

                                                                                                                        (cont…10)

• 10  -

connection set after paying Rs.8000/- back.  But the Fermentation Plant (Digester Tank) is still under the custody of complainant.  In fact, complainant had availed free service all along, including installation of the plant.  Hence, complainant will not come under the provisions of Consumer Protection Act 2019 for service issues.  If poisonous materials are used to clean the digester tank or to feed the system or not following the User Manual, it will destroy the living bacteria in the fermentation plant as happened in this instant case.  It is not scientifically / technically possible for the manufacturer / dealer of the biogas plant to give life to dead bacteria or provide warranty for a living organism which is under the control and possession of any third party.  Hence complainant is not entitled to get any benefits under the Consumer Protection Act 2019 and also under the Sale of Goods Act 1930.  It is humbly submitted that, opposite party was defamed by complainant by giving false and misleading statements in print and visual media adversely affecting the esteem, goodwill, reputation, name and fame of opposite party in the society.  There was no deficiency in service from the part of opposite party.  There was no manufacturing defect from the part of opposite party.  It may kindly be seen that, complainant has approached this Commission, with unclean hands, suppressing material facts and also raising false and misleading contentions  and hence, she is not entitled for any relief sought for in the complaint from this Commission. 

 

Under such circumstances, he  submitted that complaint is bereft of any bonfides, devoid of any merits and hence it is prayed that this Commission may kindly be pleased to dismiss the above complaint imposing exemplary compensatory costs in the interest of Justice.

 

          Complainant filed proof affidavit and copy of documents which were marked as Exts.P1 to P4. 

Ext.P1 – Invoice slip dated nil.

Ext.P2  -  Complaint dated 15.2.2021 given by the complainant against opposite party and staff and unknown person, before SHO, Kumili.

Ext.P3   -  Settlement arrived at between complaint and opposite party,  

                 at Kumili Police Station

Ext.P4   -  Letter issued by Executive Director, Suchitwa Mission to opposite party directing opposite party to check the complaint and to rectify the defects of plant and also to report it.  Along  with invoice slip dated nil issued by Navajyothi Biogas in the name of Beena Laji, etc.

 

Copy of following documents were marked as Exts.R1 to R6 on the side of opposite party.                                                                                                                                                                                                                        (cont…11)

 

• 11  -

Ext.R1 – Proceedings No.2243/C2/2019/SM dated 2.12.2019 of Executive Director, Suchitwa Mission stating the conditions for giving permission to certain Biogas service providers with list of such service providers, which includes Navajyothi Biogas.

Ext.R2 – Whatsapp message sent by opposite party to complainant containing technical aspects, working method etc.

Ext.R3 -  Letter issued by Executive Director, Suchitwa Mission to opposite party containing the particulars mentioned in Ext.P4.  (Both are same)          

Ext.R4  -  E-mail chatting board entries between complainant and opposite party.

Ext.R5  -  Details containing the method to use  biogas plant.

Ext.R6  -  Downloaded copy of enquiry report dated 15.3.2021, of Pollution Control Board and Assistant Development Commissioner and District Co-ordinator, District Suchitwa Mission, Kottayam.

 

Evidence in this case includes oral testimony of both parties and the exhibits shown above. 

 

Heard.

 

We have examined the contentions and perused records produced.  On a careful perusal of contentions and evidence, following issues arise for consideration.

1)  Whether there is any deficiency in service on the side of opposite party ?

2)  Whether the complainant is entitled to reliefs as prayed for ?

3)  Costs ?

 

Point No.1 :

 

          Allegation of the complainant is that eventhough she had paid Rs.13,125/- towards the price of biogas plant and installed the same. But  after one week of installation, biogas was not obtained as offered by opposite party.  Instead, foul smell spread in the area and it caused difficulties to her and children and also to nearby residents.  In September 2020, due to the regular calls made by her, opposite party and staff came to her house and done something in the plant and informed her that gas will be obtained after one week.  Subsequently, two employees of opposite party were come to her house.  While  opening the plant, foul smell came and certain residuals found therein which were dumped in her property and due to complaints of nearby residents, Health Inspector came directed to dig it in soil.  Opposite party’s employees received Rs.3000/-.  On 30.1.2021 she fell down due to foul smell and treated in the hospital for two weeks.  When the complaint of plant was informed to opposite party, he spoke in obscene words to outrage the modesty of woman.  She had filed complaint before                                                                                                                  (cont…12)

• 12  -

Kumili Police Station etc.  Opposite party had not done free service as offered and installed disadvantageous plant.

 

On the other hand, opposite party has strongly denied the contentions raised by the complainant in the written version filed.  He strongly contended that there is no deficiency in service and no manufacturing defect also.  He is an accredited sanitation service provider of State Sanitation Mission and produced Ext.R1 to prove the same.  He had informed complainant the technical aspects, working method etc. through whatsapp message sent to her which is marked as Ext.R2.  Ext.P4 and Ext.R3 are the same which includes complaint filed by complainant before Suchitwa Mission regarding nonfunctioning of the plant and requested for necessary direction to opposite party to rectify the same and direction issued by Executive Director to opposite party  to examine and rectify the defects urgently.  These two documents are seen given under RTI Act.  From Ext.R6, it is seen that a report was prepared by Environmental Engineer, Kottayam and District          Co-ordinator, District Suchitwa Mission, Kottayam in respect of complaint filed by Mr. Charly, Panattil House, wherein it is stated that no complaints regarding foul smell were received against plants installed by Suchitwa Mission recognized Navajyothi Biogas, till date.  Eventhough complainant filed Ext.P3, it is not proved by authenticated copy.  Moreover, 2 types of terms or compromise were shown in the same page and first one is deleted.  This strengthens the contentions of opposite party against this document.  We are not concerned with police case and connected cases.  In cross examination, complaint admitted that in the proof affidavit, it is stated as “non-performing plant was installed in her house” whereas in Ext.P4, “it is admitted that plant was worked for one month”.  Later, in cross examination, she admitted the functioning of plant for one month.  From these it can be seen that complainant has no specific case.  Complainant admitted that opposite party has come to her house for more than once for product services.  So it cannot be presumed that there was any deficiency in service.  Complainant has not proved other allegations also.  Opposite party strongly contended that due to improper usage of plant and putting prohibited items like huge objects in it caused problem.  No mechanical or technical defect to the plant.  Opposite party contended that Rs.8000/- was given due to coercion from Mr. Jayan Joseph and he was forced to sign the alleged settlement.  Opposite party admitted that after paying the above amount, he had taken back certain items except fermentation plant as the same was not emptied.  Complainant has not tried to examine the persons allegedly involved in the incident.  She has not also rebutted the specific allegations of opposite party.  In Ext.P1 invoice, it is specifically stated that labour charge, transportation etc are not covered under the scheme or price and shall be charged extra.  It is also shown that during gurantee period of one year spares shall be free of cost.  Only labour charge applies. On an appraisal of all the facts and evidence in this case reveals that problem arose due to improper handing of the plant by complainant. Since the complainant                                                                                                                         (cont….13)

• 13  -

cannot establish her contentions with cogent and satisfactory evidence, her admission that opposite party had attended for product service on many occasions and also for the reason that Ext.R6 issued by Government agencies that no complaints were received about foul smell from plants installed by opposite party’s institution till date, we are of the considered view that there was no deficiency in service on the part of opposite party.  Hence point No.1 is answered in the negative.

 

Point No.2 :

 

          From the above discussions and our findings on point No.1, we find that complainant is not entitled to any reliefs as prayed for in the complaint.  So, point No.2 is decided against the complainant.

 

Point No.3 :

 

          Considering the entire facts and circumstances of the case, there will be no order as to costs.                                                                                              

 

          In the result,  complaint is found to be devoid of merits and hence dismissed. 

 

                   Pronounced by this Commission on this the  27^th  day of September, 2022

 

 

                                                                                          Sd/-

SRI. AMPADY K.S.,MEMBER

 

 

                                                                                          Sd/-

SRI. C. SURESHKUMAR, PRESIDENT

 

 

                              Sd/-

SMT. ASAMOL P., MEMBER

 

 

 

 

 

                                                                                                                                    (cont….14)

 

• 14  -

 

APPENDIX

Depositions :

On the side of the Complainant :

PW1         -  Beena Sathyapalan

On the side of the Opposite Party :

DW1        -  Santhosh R. Menon.

Exhibits :

On the side of the Complainant :

Ext.P1      -  invoice slip issued by Kerala State Sanitation Mission Service Provider.

Ext.P2      -  copy of complaint filed before the SHO Kumili dated 15.2.2021.

Ext.P3      -  Settlement arrived at between complaint and opposite party,   

                    at Kumili Police Station.

 Ext.P4     -  Letter issued by Executive Director, Suchitwa Mission to opposite party

                    directing opposite party to check the complaint and to rectify the defects of

                    plant and also to report it.  Along  with invoice slip dated nil issued by

                    Navajyothi Biogas in the name of Beena Laji, etc.

On the side of the Opposite Party :

Ext.R1    –  Proceedings No.2243/C2/2019/SM dated 2.12.2019 of Executive

                   Director, Suchitwa Mission

Ext.R2   –  Whatsapp message sent by opposite party to complainant containing

                  technical aspects, working method etc.

Ext.R3   -  Letter issued by Executive Director, Suchitwa Mission to opposite party

                 containing the particulars mentioned in Ext.P4.  (Both are same)

Ext.R4   -  E-mail chatting board entries between complainant and opposite party.

Ext.R5   -  Details containing the method to use of biogas plant.

Ext.R6   -  Downloaded copy of enquiry report dated 15.3.2021 .

 

 

                                                                                   Forwarded by Order,

 

 

 

                                                                             ASSISTANT REGISTRAR