DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 08th day of July, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri. Krishnankutty N.K.,Member
Date of filing: 23/01/2020
CC/14/2020
Sureshbabu C.P, - Complainant
S/o. Kumaran, Cholangaparambil,
Pookottukavu, Kadambur (PO),
Ottapalam, Palakkad-
(Party in person)
Vs
Subramaniyan, - Opposite Party
Kalkhi Electros
Hospital Junction
Main Road, Mannarkkad.
(Party in person)
O R D E R
By Sri. Krishnankutty N.K., Member
1.Pleadings of the complainant in brief.
The complainant submitted an application to Pookottukavu Krishi Bhavan for sanctioning an agricultural pump set under their subsidy scheme. As advised by the Krishi Bhavan he approached the opposite party for a quotation for the pump set. According to the complainant, he paid an advance amount of Rs.4000/- to the opposite party for getting the quotation, which he submitted to the above Krishi Bhavan along with the pump set application.
Even after a lapse of 1 year, Krishi Bhavan did not sanction the pump set and when he approached them it was informed that they are not permitting pumpsets now and hence the complainant can approach the opposite party and get hack the advance paid. When he approached the opposite party on 04.01.2018, and again on 08.02.2018, they refused to pay back the amount.
Hence the Complaint
2. Notice was issued to the opposite party and he entered appearance on 24.02.2020 and filed his version. According to him, the complainant has never approached him for any quotation for pumpset, instead came to his shop on 03.12.2016 for purchasing a pumpset along with its accessories. He enquired about the details of the pumpset and finally purchased the items as per the tax invoice issued No.248 for Rs.10548/-.
Years after this, the complainant approached the opposite party for return of the pumpset and accessories which was denied by the opposite party.
3. The complainant filed proof affidavit on 27.02.2021 wherein he has repeated his contention in the complaint, that he has paid an amount of Rs. 4000/- as advance to the opposite party for getting the quotation for submission to the Krishi Bhavan. He was in touch with the Krishi Bhavan till October 2019 and on 10.10.2019 Krishi Bhavan informed him that the pumpset scheme is already stopped by them, and then he approached the opposite party and asked for the refund of the advance amount of Rs.4000/-.
4. The evidence produced by the complainant is the copy of tax invoice for Rs.10548/- which is marked an Exhibit A.1.and chit showing some calculation which has not been marked as it lacks evidentiary value .
5. From the above narrations we are not in a position to draw any specific conclusion as to whether the allegation made by the complainant is genuine or not. The tax invoice produced as evidence is the record of a sale transaction taken place on 03.12.2016, which has never been admitted by the complainant either in the complaint or in proof affidavit. This transaction clearly shows that he purchased the pumpset, and not gone for the quotation as mentioned. Further he has not produced any document to show that an amount of Rs.4000/- was paid as advance.
6. From 28.04.2021 onwards both the parties were not present for the proceedings of the complaint. Hence taken for orders based on merit.
7. From the aforesaid narration it is evident that the complainant has failed to prove that an amount of Rs.4000/- was paid to the opposite party as advance.
The entire complaint which is hovering around this advance
amount of Rs.4000/- which the complainant claim to have paid to the
opposite party has not been proved beyond doubt.
Hence the complaint is dismissed.
Pronounced in the open court on this the 8th day of July, 2022
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/- Krishnankutty N.K
Member
Exhibits marked on the side of complainant
Ext. A1– Invoice No-248 dated 03.12.2016.
Exhibits marked on the side of Opposite parties
Nil
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost:
