THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.517/2016
Dated this the 26th day of March, 2018
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Joseph Mathew, Member:
This petition is filed under Section 12 of Consumer Protection Act, 1986.
The petitioner is conducting an Institute by name Bhaba Institute of Science for the purpose of giving coaching to the students who are appearing for Medical and Engineering Entrance Examination. For the convenience of the students he is running a hostel along with the Institute. While so the opposite party undertaken to produce and supply the required quantity of Biogas for the cooking purpose of the hostel. The total cost demanded by the opposite party for installation of its plant was Rs.79,600/-.
His case is that, believing the words of the opposite party he had paid the demanded amount of Rs.79,600/- to the opposite party on 13/04/2016 and the opposite party had brought the plant at the hostel premises on the same day and installed the same after 20 days. On installation itself, he noticed that the gas nob of the said plant was damaged and the functioning of the burner also was impaired. When informed this matter to the opposite party, he said that a new spare of gas nob and accessories are coming shortly and he will set right the problem at the earliest. But till date the promise of the opposite party had materialized.
As there was no response from the opposite party to his repeated requests, he issued a lawyer notice to the opposite party on 20/09/2015 but he refused to receive the same and the notice returned unclaimed. Since the opposite party had received a huge amount for installing the plant, he had a duty to cure the defects and to make the plant functioning immediately on complaint, and the negative attitude of the opposite party in this regard amounts to unfair trade practice and also deficiency in service on his side and this caused much mental agony, financial loss and other inconveniences to him. Hence this petition filed to direct the opposite party to either to replace the defective plant with a defect free new one or to refund the amount paid towards the plant and also for compensation and cost.
The opposite party refused to accept the notice issued from this Forum. He didn’t appear or filed version. Hence the opposite party set ex-parte.
The petitioner filed affidavit in lieu of his petition and produced documents in support of his averments and these documents are marked as Ext.s A1 to A4 as evidence on the side of the petitioner. Ext. A1 is the invoice dated 13/04/2016 issued by the opposite party for the receipt of Rs.79,600/-, Ext. A2 is the postal receipt of lawyer notice issued by the petitioner to the opposite party, Ext. A3 is the copy of lawyer notice dated 20/09/2016 and Ext. A4 is the returned lawyer notice as unclaimed. The opposite party didn’t appear or filed version challenging the averments of the petitioner or adduced any evidence to disprove the veracity of the documents produced and marked by the petitioner. Hence the case of the petitioner stands unchallenged and proved.
Considering the facts stated and evidence on record, we are also of the opinion that the said act of the opposite party amounts to unfair trade practice and also deficiency in service on the part of the opposite party. Hence the following order is passed.
The opposite party is ordered to replace the defective Biogas Plant installed at the premises of the petitioner’s hostel with a defect free new one and to pay Rs.10,000/- (Rupees ten thousand only) as compensation for the inconvenience suffered by the petitioner and Rs.2,500/- (Rupees two thousand five hundred only) as cost of the proceedings to the petitioner within 30 days from the date of receipt of this order or to refund the amount received Rs.79,600/- with 12% interest per annum from 13/04/2016 onwards along with Rs.2,500/- as cost of the proceedings. The opposite party can take possession of the defective plant on compliance of this order
Dated this the 26th day of February, 2018
Date of filing: 30/11/2016
SD/-MEMBER SD/-PRESIDENT SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Invoice dated 13/04/2016
A2. Postal receipt
A3. Copy of lawyer notice
A4. Returned lawyer notice as unclaimed.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
None
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
