Date of filing : 12-08-2014
Date of order : 30-10-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.178/2014
Dated this, the 30th day of October 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
C.Mohammed Shafi, Sanam Villa, : Complainant
Chembrika, Kalanad village, Kasaragod.Dt
(Adv.Babuchandran.K, Kasaragod)
The Proprietor, S,S Associates, : Opposite party
Room No.KL VII/59, Nr. Training School,
Kannur. 670002
(Exparte)
O R D E R
SMT.SHIBA.M.SAMUEL, MEMBER
The complainant’s case is that he placed a work order on 10-03-2014 to install 1KW Roof Top solar power plant at his residence for domestic purpose. At the time of receiving a cheque for Rs.99,157/-. The opposite party promised that solar plant will be installed on or before 10-04-2014. But opposite party failed to install the same as promised. Eventhough on several occasions complainant contacted the opposite party and requested to install the plant, opposite party failed to do so. Therefore the complainant caused to send a registered lawyer notice on 16-06-2014. After receiving the notice the opposite party brought some parts of machinery and kept it at the premises of his residence. But till now the same has not been installed. The acts of opposite party amounts gross deficiency in his part and hence the complaint.
2. The notice to the opposite party was served on him but thereafter it was represented before the forum that the matter is settled between parties. But after two posting dates the counsel appearing for the complainant represented that the opposite party has not done his part of contract as per the terms and conditions of the settlement. The opposite party remained absent. His name was called and set exparte.
3. The complainant was examined as PW1 and Exts A1 to A3 were marked from his side. The Forum perused the chief affidavit filed by PW1 in lieu of chief examination and perused the documents produced by him. On the basis of Ext.A1 that is the order form clearly shows that the complainant herein ordered for 1KW Roof Top solar Power Plant to installed the same in his residence. The cost of the plant was
Rs.99,157/- and the same was paid by him by way of a cheque No.501333 drawn on 10-03-2014 to the opposite party. Another document before the forum is Ext.A1 lawyer notice sent by the complainant herein to the opposite party by calling upon to the opposite party to install the solar plant as promised within 15 days from the date of receipt of notice. Ext.A3 is the postal acknowledgement card which shows that the notice was duly served on the opposite party. On the basis of Ext.A1 to A3 the Forum convinced that PW1 succeeded in his case of attributing negligence against opposite party.
4. There is no contra evidence to the complainant’s case since the opposite party remained absent even after the receipt of notice from the Forum.
In the result, the complaint is allowed by directing the opposite party to pay an amount of Rs.99,157/- to the complainant with 12% interest per annum from 10-03-2014 to till its realization. He further directed to pay an amount of Rs.10,000/- with a cost of Rs.3,000/- to the complainant. Time for compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. No.768 Order Form.
A2. 16-06-2014 Copy of Lawyer notice.
A3.Postal Acknowledgement card.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
