Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
30th day of November 2022
CC 492/19 filed on 18/09/19
Complainant : Joyal Abraham, S/o Marykutty, Tattoos Gents Clinic,
Kunnathangady, Veluthur.P.O, Thrissur- 680 012.
(By Adv. A.Girija, Public Counsel,Thrissur)
Opposite Party : Linto Jacob, S/o Pellissery Jacob, Pulinkara Desom,
Kuttichira Village, Thrissur- 680 724.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) The complainant and opposite party entered in to an agreement to start a small scale LED Bulb manufacturing Unit on 29/01/19. He paid Rs.15000/- to the opposite party towards its registration fees. As per the agreement, the opposite party provided 25 samples and machineries to the complaint. Thereafter on 21/03/19 he paid Rs. 10,000/- to the opposite party to give the materials to operate the unit. He never gave the materials and repeated demands for the same with the opposite party also failed. So the complainant was forced to close the unit and on 10/06/19, the opposite party took the machineries etc and offered to pay back the whole money in 2 installments and same was endorsed on the agreement itself. He failed to pay the money back and same amounts deficiency in service. Hence the complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced one document which is marked as Exts. A1. Ext.A1 is the agreement between the complainant and opposite party dated 16/01/2019.
4) We have gone through the pleading and documents produced by the complainant. Ext.A1 establishes the case of the complainant. Since there is no contra evidence available before us, we are inclined to allow this complaint.
In the result complaint is allowed and hereby direct the opposite party to pay Rs.25,000/- (Rupees Twenty five thousand only) to the complainant with interest @ 9% from the date of agreement i.e. 16/01/2019 till realization and further directed pay compensation of Rs.10,000/- (Rupees Ten thousand only) and cost of Rs.2500/- (Rupees Two thousand five hundred only) to the complainant within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of November 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext.A1 the agreement between the complainant and opposite party
dated 16/01/2019.
Id/-
Member
