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.36/06PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENTSRI.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 |