Kerala

Malappuram

OP/04/147

MUHAMMED ASHRAF M.M. - Complainant(s)

Versus

HASSAN H. - Opp.Party(s)

22 Jan 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. OP/04/147

MUHAMMED ASHRAF M.M.
S. GOPI
RADHA. K.
ABHISHEK K
SURESH KUMAR O.P.
SALEENA K
SAMEER CM
ABOOBACKER C.
HASSAINAR P.T.
SUNILKUMAR A.
...........Appellant(s)

Vs.

HASSAN H.
HASSSAN H.
...........Respondent(s)


BEFORE:
1. C.S. SULEKHA BEEVI 2. K.T. SIDHIQ

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President, This complaint coming up for final hearing in the presence of the 1st complainant who was personally present, opposite party being absent, set exparte, the Forum doth order the following: ORDER 1. Affidavit filed by 1st complainant on behalf of himself and other complainants. Ext.A1 to A5 marked. Claim proved. This is a class action filed by a group of complainants against the one opposite party on the same cause of action. Notice issued to opposite party was served . Opposite party absent. In fact a previous notice was issued to opposite party on 11-1-20056. This notice was also served upon opposite party. Due to vacancy in the post of President in 2003, there was no sitting of the Forum for a long time. After sitting recommenced fresh notice to opposite party was issued. So opposite party had the previlege of service of notice for the 2nd time. Even then opposite party has opted to remain absent. Hence set exparte. Complaint allowed. In the result we order that opposite party shall pay a sum of (1) Rs.9750/- (Rupees Nine thousand seven hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 1st complainant (2) Rs.10,250/- (Rupees ten thousand two hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 2nd complainant (3) Rs.8250/- (Rupees eight thousand two hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 3rd complainant (4) Rs.6750/- (Rupees six thousand seven hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 4th complainant (5) Rs.8750/- (Rupees eight thousand seven hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 5th complainant (6) Rs.16,750/- (Rupees sixteen thousand seven hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 6th complainant (7) Rs.9,750/- (Rupees Nine thousand seven hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 7th complainant (8) Rs.8,250/- (Rupees eight thousand two hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 8th complainant (9) Rs.8,250/- (Rupees eight thousand two hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 9th complainant (10) Rs.8,250/- (Rupees eight thousand two hundred and fifty only) along with interest @ 6% per annum with effect from 29-2-2004 (date of complaint) till realisation to 10th complainant within three weeks from the date of receipt of copy of this order. No order as to costs. Dated this 22nd day of January, 2008. C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A5 Ext.A1 : Photo copy of the Work Training Contract executed between first complainant and opposite party. Ext.A2 : Photo copy of the Work Training Contract executed between second complainant and opposite party. Ext.A3 : Photo copy of the Work Training Contract executed between seventh complainant and opposite party. Ext.A4 : Photo copy of the Work Training Contract executed between eighth complainant and opposite party. Ext.A5 : Photo copy of the Work Training Contract executed between nineth complainant and opposite party. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER




......................C.S. SULEKHA BEEVI
......................K.T. SIDHIQ