KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 393/2016
JUDGMENT DATED: 05.11.2018
(Against the order in C.C. 25/2015 of CDRF, Kasaragod)
PRESENT :
SRI. T.S.P MOOSATH : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
APPELLANTS:
- M/s Educomp Solutions Ltd. 1211, Padma Tower-1, 5 Rajendra Palace, New Delhi-110 008.
- M/s Edu Smart Services Private Ltd., L-74, Mahipalpur Extention, New Delhi-110 037.
(By Adv. S.M. Rajeevan & B.S. Suresh Kumar)
Vs.
RESPONDENT:
Principal, Aliya Senior Secondary School, Paravanadukkam P.O, Kasaragod-671 317.
(By Adv. Faizal. P)
JUDGMENT
SRI. T.S.P MOOSATH: JUDICIAL MEMBER
Opposite parties 1 & 2 in C.C 25/2015 of the Consumer Disputes Redressal Forum, Kasaragod, in short the district forum, has filed this appeal against the exparte Order passed by the forum by which they were directed to pay Rs. 4,21,900/- with 10% interest from the date of filing of the complaint till realization and compensation of Rs. 50,000/- together with cost of Rs. 5000/-.
2. The complainant has filed the complaint alleging deficiency of service on the part of the opposite parties. The complainant who was the principal of Aliya Senior Secondary School entered into a tripartite agreement with the opposite parties as per their assurance for implementation of smart class service to the school. Complainant has paid the amounts to the opposite parties as per the agreement. But the opposite parties failed to fulfill the terms of the obligation cast upon them as per the agreement. The entire smart class programme rendered inoperative on account of the failure on the part of the opposite parties to provide proper service and timely replacement of hardware. So the complainant has filed the complaint to get back the amount paid by them with compensation and cost.
3. Opposite parties were set exparte.
4. Complainant has filed proof affidavit and Exts. A1 to A4 were marked. Considering the evidence adduced by the complainant the district forum has passed the impugned order. Aggrieved by the order passed by the district forum the opposite parties have filed the present appeal in which it is stated that they have not received any notice from the district forum.
5. Notice ordered. Respondent/complainant appeared through counsel.
6. Heard both sides. Perused the records.
7. The main contention of the appellants is that they have not received any notice from the district forum. In the order of the district forum it is stated that the notice sent to both parties from the forum was neither received nor returned even after 5 months and hence both of them were set exparte as per the presumption under Sec. 28 A of the Consumer Protection Act. There is nothing to show that notices were served on the parties and even after the receipt of notice from the forum the opposite parties did not appear before the district forum. There is nothing to consider that there is latches on the part of the opposite parties.
8. The counsel for the appellant submitted that an opportunity may be given to the appellants/opposite parties to contest the case and to have a decision on merits in the complaint, by leading evidence, after filing version. Considering the facts and circumstances and on perusal of the Order passed by the district forum, we are of the view that the decision of the complainant’s case on merits after setting aside the exparte order is called for. However, the inconvenience that is likely to be caused to the complainant/respondent for the delay in culmination of the proceedings of the complainant is to be compensated.
9. Remission of the case, setting aside the order of the district forum, can be ordered only on terms directing the appellant to compensate the injury likely to be caused to the respondent/complainant by the delay in culmination of the proceedings, to the complainant. The appellant has to pay Rs. 10,000/- as cost to the respondent/complainant for setting aside the order and remission of the case.
10. At the time of filing of the appeal the appellant has deposited Rs. 25000/-before the Commission. The respondent/complainant can realize the amount of Rs. 10,000/- ordered as cost from the said amount of Rs. 25,000/- by filing proper application. The balance amount of Rs. 15,000/- shall be refunded to the appellants, on their application.
11. In the result, appeal is allowed. The Order passed by the district forum is set aside and the matter is remanded to the district forum for fresh disposal. The district forum, on receipt of the records of the case, shall proceed with the complaint and after giving opportunity to the appellants/opposite parties to file version and adduce evidence, if any, shall dispose off the case as expeditiously as possible, at any rate within a period of 3 months, from the date of receipt of the case records.
T.S.P MOOSATH : JUDICIAL MEMBER
BEENA KUMARY. A : MEMBER
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