KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM COMMON ORDER IN FA.1/2009 AND FA 60/09 JUDGMENT DATED: 3.4.09PRESENTJUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER FA.1/2009 Seena Simon, Proprietress, : APPELLANT M/s K.P.P.Flex World, Kanjany, Thrissur District, Kerala. (By Adv.S.S.Kalkura) Vs. Digisign Trading & Technologies (Pvt) Ltd., : RESPONDENT Represented by the Managing Director, No.1/53, 2nd Street Sreepuram Colony, Butt Road, St.Thomas Mount, Chennai-600 016. FA.60/09 Digisign Trading & Technologies (Pvt) Ltd., : APPELLANT Represented by the Managing Director, No.1/53, 2nd Street Sreepuram Colony, Butt Road, St.Thomas Mount, Chennai-600 016. (By Adv.Shyam Padman) vs. Seena Simon, Proprietress, : RESPONDENT M/s K.P.P.Flex World, Kanjany, Thrissur District, Kerala. JUDGMENTJUSTICE SRI.K.R.UDAYABHANU : PRESIDENT FA.1/09 is filed by the complainant in CC 100/08 in the file of CDRF, Thrissur. FA.60/04 is filed by the opposite party which is under orders to pay a sum of Rs.6,53,400/- and cost of Rs.1000/-. The complainant is came up in appeal vide FA.1/2009 pointing out that the amount paid itself is Rs.9,39,400/-. Although machinery was found defective the entire amount paid has not been ordered to be returned. So also the complainant had sought for a compensation of Rs.10 lakh. This aspect has not been considered by the Forum at all. 2. In FA.60/09 the appellant /opposite party that was set exparte in the proceedings before the Forum has sought for getting the matter remitted back to the Forum. It is contended that the counsel engaged failed to appear on the posting date. The appellant had forwarded to the counsel the version prepared by the lawyer at Madras where the company is situated. It is also mentioned that steps are being taken to file complaint before the Bar Council of Kerala against the said counsel. In the circumstances and in view of the fact that both parties have came up in appeal the matter is remitted back on condition that the appellant/opposite party in FA.60/09 remit a sum of Rs.7500/- towards cost which can be withdrawn by the complainant. The amount is to be remitted within one month from today. The matter will stand posted before the Forum on 26.5.09. The Forum will permit the parties to adduce evidence and dispose of the matter afresh. The office is directed to forward this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER | 
