KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL 80/2011

JUDGMENT DATED. 25.2.2011

PRESENT:-

SMT. VALSALA SARANGADHARAN      : MEMBER

SHRI.  S. CHANDRA MOHAN NAIR         :  MEMBER                           

APPELLANT

     Proprietor,

     Shan Agencies,

     Main Road, Anchal,

     Kollam.

                                        ( Rep. by  Adv. Sri. B.A. Krishna Kumar)

                                                  Vs

RESPONDENT

    Hari Krisnan,

   S/o Gopinathan Nair,

   Gokulam, Valakom P.O.,

   Kottarakkara, Kollam.

JUDGMENT

SMT. VALSALA SARANGADHARAN      ;      MEMBER

This appeal is preferred against the order dated 30.8.2010 of CDRF, Kollam in C.C. 100/2010.  By the impugned order the Forum below directed the opposite party to replace the T.V. with a new one of the same brand.  The opposite party was also directed to pay a sum of Rs. 2,000/- as compensation and Rs. 1,000/- as costs to the complainant.

          The case of the complainant is that on 11.9.2009, he purchased a brand new T.V. as per Exchange Offer from the opposite party for a price of Rs. 15,500/- But after 4 days of purchase the same became defective.  Though it was repaired after 2 days it again became defective and so repaired again.  But the defects persisted.   The matter was informed to the opposite party and the complainant demanded to make the T.V. defect free or issue a new T.V.  of the same brand.  But the opposite party had not taken any steps.  Hence alleging deficiency in service on the part of the opposite party he filed complaint before the Forum. 

          The opposite party entered appearance, but later remained absent.  Hence made Ex-party before the Forum.

          The evidence adduced consisted of oral testimony of Pw1 and Exts. P1 to P3. 

          We heard the learned counsel for the appellant/opposite party.  He submitted that though he received notice from the Forum he could not attend the Forum since he was undergoing treatment and he engaged his employee to present on the day fixed for appearance.  The appellant/opposite party has a strong case but he could not prove the same due to his illness.  Hence he requested for an opportunity to file version and to adduce evidence in support of his contention before the Forum.

          In the circumstances the order of the Forum below is set aside and the matter is remanded to the Forum below on condition that the appellant deposit a sum of Rs. 2,000/- towards cost of the respondent/complainant before the Forum within one month from to day.  The above amount can be withdrawn by the complainant.  The Forum below is directed to give notice to the respondent/complainant and permit the appellant/opposite party to file version and to permit both parties to adduce the evidence in support of their contentions, if they so desire and dispose of the matter on merits.  The matter will stand posted before the Forum on 8.4.2011.

          The office is directed to transmit copy of this order to the Forum urgently.   

                              VALSALA SARANGADHARAN       :   MEMBER 

                            S. CHANDRA MOHAN NAIR              :   MEMBER

ST