KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.310/12

JUDGMENT DATED 19.4.2012

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.M.K.ABDULLA SONA                              --  MEMBER

M/s.Water Doctor reptd. by Sunil

S/0 Velayudhan, Kundil  house,

Punkunnu Desom & Village,                              --  APPELLANT

Kalyanram Residency, Shornur Road,

Thrissur P.O, Punkunnu -  680 002

Thrissur Taluk.                                          

    (By Adv. P.Promod)

                   Vs.

Ahammed Makkai,

S/0 Ambalathuveettil Ahammed Vaidyar          --  RESPONDENT

Thriprayar P.O, Nattika 680 566

Chavakkad Taluk.                  

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

The appellants are the opposite parties in CC 28/10 in the file of CDRF, Thrissur.          The appellants are under orders to refund the price of the water softener amounting to Rs.62,766 and to pay 5,000/- as compensation and cost of Rs.500/-.

2. The matter is with respect to the alleged defect of the Water Purifying System supplied by the  opposite party for a sum of Rs.62,766/-. 

3. The appellant was ex-parte before the Forum.

4. In the circumstances and in view of the fact that the matter has been adjudicated   un-contested the order cannot be treated as a considered one.  In the circumstances, the order of the Forum is set aside on condition that the appellant/opposite party pay a sum of Rs.6,000/- towards costs to the complainant or deposit the same before the Forum which can be withdrawn by the complainant.  On payment of cost, the Forum will permit the opposite party/appellant to contest the matter and dispose of the matter on merits. 

5. The case stands posted on 29.5.2012.  The Forum will issue notice to parties.

Office will forward a copy of this order to the Forum below.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 M.K.ABDULLA SONA --  MEMBER

 SL