O R D E R<br /> <br /> <br /> <br /> SRI.D. KRISHNAPPA, PRESIDENT:<br /> <br /> <br /> The grievance of the complainant against the Op in brief is that Op was running a Garment Factory offered to provide 30 Single Needle Sewing Machine, 04 Over Lock Machine, 01 Double Needle Machine, Cutting Machine, 10 Tables and 35 chairs on rental basis and he paid Rs.1.00 lakh towards advance for running a ready made Garments Factory in the 3rd Floor of the building. That he had entered into an agreement with Op on 27/01/2009 and paid advance amount of Rs.1.00 lakh through 4 cheques. That Op after receipt of an advance amount has failed to provide equipments and electrical connection besides several requests and therefore, he got issued a legal notice on 13/11/2009 but received no reply. Hence, attributing deficiency to the Op has prayed for a direction to Op to repay advance amount of Rs.1.00 lakh with interest and expenses amounting to Rs.1,06,000/- and costs.<br /> <br /> Op who is duly served with the notice of the complaint has remained absent is set ex-parte. <br /> <br /> In the course of enquiry into the complaint, the complainant has filed his affidavit evidence reiterating the contents of the complaint and produced rental agreement and a copy of the legal notice. We have heard the counsel for the complainant and perused the records.<br /> <br /> On perusal of the contents of the agreement, complainant allegations, affidavit evidence and the contents of the legal notice, they reveal that complainant has repeatedly reiterated his grievance and reminded the OP in not providing her facilities by supplying the machineries and default committed contravening the terms of the agreement. The Op it is found after agreeing to render service by way of supplying machineries on receipt of advance amount and premises has failed to keep up his promise and thereby caused deficiency in her service as such we find no impediment in acceding to the prayer of the complainant. The Opponent who has been given opportunity of being heard found to have not claimed the notice of this form and has deliberately remained absent as such we find no hesitation in accepting the grievance of the complainant and to grant relief as under. With the result, we pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaint is allowed. Op is directed to refund Rs.1.00 lakh with interest @ 15% p.a from 26/09/2009 till it is repaid and she shall repay that amount with interest within 60 days from the date of this order.<br /> <br /> Op shall also pay cost of Rs.2,000/- to the complainant.<br /> <br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 18th May 2010.<br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />