cccccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

                       Dated this the  31^st day of October 2012

                                                                                 Filed on : 26/03/2012

Present :

          Shri. A  Rajesh,                                                     President.

Shri. Paul Gomez,                                                 Member.

Smt. C.K. Lekhamma,                                           Member

C.C. No. 199/2012

     Between

Jose Abraham,                                 :        Complainant

S/o. Abraham,                                    (By Adv. Biju Abraham,

Aikara Captain Laxmi Road,              Carmel Centre, Banerji road,

Eruveli, Chottanikara-682 312.          Cochin-18)

                                                And

The Managing Director,                  :         Opposite party

Asian Business Group,                                         (absent)

Universal Dwell Buildings,

21/263, University P.O., 

Signal Junction, Kochi-682 022.

                                          O R D E R

C.K. Lekhamma, Member.

          Brief facts of the complainants case are as follows:

          The complainant purchased a biogas plant from the opposite party on 17/09/2011 by paying Rs. 19,000/-.  But the plant neither did generate any bio-gas nor did give any benefit to the complainant as promised by the opposite party.  The complainant contacted the  opposite party on different occasions but there were no response.  The disputed plant remained worthlessly since the opposite party did not provide any service the complainant is before us seeking direction  against the opposite party to refund the price of the biogas plant  along with  compensation.

          2.  The complainant appeared through counsel and filed proof affidavit.  Exts. A1 to A4 were marked on his side.  The opposite party initially  appeared and thereafter abstained from the proceedings for his own reasons not stated. Heard the complainant.  

          3. The points that arose for consideration are as follows:  

          i. Whether the complainant is entitled to get refund of the 

             price of  the bio-gas plant from the opposite party ?

          ii. Whether  the opposite party is liable to pay  compensation to

             the complainant?

          4. Ext. A1 retail invoice dated 17/09/2011 goes to show the transaction between the parties.     As per Ext. A2 dated 20-12-2011 the complainant duly informed the opposite party regarding the non-functioning of the bio-gas plant.  Thereafter on 09-02-2012 the complainant caused to issue  lawyer notice  to the opposite party.  Evidently despite  repeated requests of  the complainant the opposite party failed to take any action in furtherance.  The above conduct  of the opposite party itself amounts to deficiency in their service.  Therefore, we have no hesitation to hold that the complainant is entitled to get refund the price of the disputed bio-gas plant from the opposite party.  Moreover  the complainant  had to suffer mental agony due to the deficiency in service on  the part of the  opposite party.   Hence the complainant is entitled to get compensation from the opposite party we fix the compensation at Rs. 2,000/-.

          5.  Accordingly, we allow the complainant as follows:

          i. The opposite party shall refund  Rs. 19,500/- being the price of the bio-gas plant as per Ext. A1.  In that event the opposite party is at liberty to take back the accessories of the bio gas plant under dispute from the complainant. 

          (ii) the opposite party shall pay Rs. 2,000/- to the complainant by way of compensation.

          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 failing which the said amounts shall carry interest at the rate of 12% p.a.  till realization.                   

        Pronounced in the open Forum on this the 31^st day of October 2012.