A. RAHEEM BAVA, S/O ALAVIKUTTY, SALES OFFICER V/S R. HARI RAM PRASAD, S/O P. RAMANKUTTY MENON - Consumer Court Case

Kerala

Malappuram

OP/05/48

R. HARI RAM PRASAD, S/O P. RAMANKUTTY MENON - Complainant(s)

Versus

A. RAHEEM BAVA, S/O ALAVIKUTTY, SALES OFFICER - Opp.Party(s)

P.E RAJAGOPAL

07 Mar 2008

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. OP/05/48

R. HARI RAM PRASAD, S/O P. RAMANKUTTY MENON						...........Appellant(s)
Vs.
A. RAHEEM BAVA, S/O ALAVIKUTTY, SALES OFFICER P. ASHIQUE, MANAGING DIRECTOR						...........Respondent(s)

BEFORE:

1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant is aggrieved that opposite party failed to deliver the car even after payment of consideration. Version was filed by opposite parties resisting the claim. It was submitted on the part of opposite party that complainant has filed a Civil Suit upon the same cause of action seeking remedy. Ext.B1 is the summons issued to 2nd defendant in O.S.99/07 and Ext.B2, the copy of plaint in O.S.99/07 which is pending before the Sub Court, Manjeri is produced. On perusal of Ext.B1 and B2 we find that the subject matter of the complaint is subjudice before a Civil Court. Therefore concurrent adjudication by this Forum cannot be conducted in respect of the same matter. 2.In the result, complaint dismissed. Parties are free to agitate their case in the said Civil Suit. We make no order as to costs. Dated this 7th day of March, 2008. C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Nil Witness examined on the side of the opposite parties : Ext.B1 and B2 Ext.B1 : Summons issued by Sub Court, Manjeri to 2nd defendant in O.S.99/07 Ext.B2 : Copy of Plaint in O.S.99/07 Documents marked on the side of the opposite parties : Nil C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER

By Smt. C.S. Sulekha Beevi, President, 1. Complainant is aggrieved that opposite party failed to deliver the car even after payment of consideration. Version was filed by opposite parties resisting the claim. It was submitted on the part of opposite party that complainant has filed a Civil Suit upon the same cause of action seeking remedy. Ext.B1 is the summons issued to 2nd defendant in O.S.99/07 and Ext.B2, the copy of plaint in O.S.99/07 which is pending before the Sub Court, Manjeri is produced. On perusal of Ext.B1 and B2 we find that the subject matter of the complaint is subjudice before a Civil Court. Therefore concurrent adjudication by this Forum cannot be conducted in respect of the same matter. 2.In the result, complaint dismissed. Parties are free to agitate their case in the said Civil Suit. We make no order as to costs. Dated this 7th day of March, 2008. C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Nil Witness examined on the side of the opposite parties : Ext.B1 and B2 Ext.B1 : Summons issued by Sub Court, Manjeri to 2nd defendant in O.S.99/07 Ext.B2 : Copy of Plaint in O.S.99/07 Documents marked on the side of the opposite parties : Nil C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER

......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI