Kerala

StateCommission

A/08/156

P.L.Jayasree - Complainant(s)

Versus

Caravan Appliances Pvt.Ltd. - Opp.Party(s)

A.Sarada devi

20 Aug 2009

ORDER

First Appeal No. A/08/156
(Arisen out of Order Dated 23/05/2008 in Case No. CC 36/06 of District Alappuzha)
1. P.L.JayasreeSree bhavan, Near Village Office Junction, Chingoli, Haripad, Alappuzha Kerala ...........Appellant(s)

Versus
1. Caravan Appliances Pvt.Ltd.21, Viswesarapuram Street, Mylapore, ChennaiKerala2. Thererox India Ltd, 26, Kathedral Road, ChennaiKerala3. Amb Services17/425, Royal Building, College Road, Baker Junction, KottayamKerala ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSL COMMISSION

VAZHUTHACAD, THIRUVANANTHPAURAM

APPEAL 156/08

JUDGMENT DATED: 20.8.09

Appeal filed against the order passed by CDRF, Alleppy in OP.36/06

PRESENT

 

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SRI.M.K.ABDULLA SONA                             : MEMBER

 

Smt.P.L.Jayasree,                                        : APPELLANT

Sree Bhavan,

Near Village Office Junction,

Chingoli.P.O., Haripad,

Alappuzha.

 

(By Adv.A.Sarada Devi)

                 vs.

1. Caravan Appliances Pvt.Ltd.                           : RESPONDENTS                                                                                                                                                                                                                                                  

    21, visweswarapuram Street,

    Mylapore, Chennai – 600004.

2.  Thererox India Ltd.,

     26, Kathedral Road, Chennai – 600086.

3.  Amb Services,

     17/425, Royal Building,

     College Road, Baker Junction,

     Kottayam – 686001.

JUDGMENT

 

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

 

 

The appellant is the complainant in OP.36/06 in the file of CDRF, Alleppey. The complaint stands dismissed on the finding that the complainant cannot be treated as a consumer as it appeared that the complainant has purchased the impugned photocopier machine for commercial purpose.

          2. The respondents were called absent.

          3. It is pointed out by  the counsel for the appellant that the same Forum as per order dated 14.8.06 has held that the complainant is a consumer as the machine has been purchased for earning her livelihood.  The copy of the above order has also been produced .  We find that Forum can not issue a different order subsequently.  In the circumstances the order of the Forum is set aside.  The matter is remitted back to the Forum.  The Forum is directed to consider the matter as to the alleged deficiency in service and dispose of the matter after permitting the parties to adduce evidence .

          The matter will stand posted before the Forum on  24.9.09.

          Office is directed to forward the copy of this order to the Forum urgently.

 

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

 

 

SRI.M.K.ABDULLA SONA                     : MEMBER

 

 

ps

 

PRONOUNCED :
Dated : 20 August 2009

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT