KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 229/2008

JUDGMENT DATED: 13-07-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU                :   PRESIDENT

Mohammed Riyad,

S/o Abdul Vahab,                                                   : APPELLANT

Puthenpurakal House,

Zacharia Ward, Alappuzha.

(By Adv:Sri.B.Somanatha Kurup)

            Vs.

1.         The Manager,

Alappuzha Branch,

North of Iron Bridge,

Mackunkal Buildings,

Alappuzha-688 011.

                                                                        : RESPONDENTS

2.         Integrated Finance Company Ltd,

R/by its Managing Director,

‘Vairams’ 112 Thyagaraya Road,

T.Nagar, Chennai-600 017.

(By Adv:Sri.R.Jagadishkumar)

                                                JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:   PRESIDENT

The appellant is the complainant in 2 complaints ie CC.187/04 & 294/03 in the file of CDRF, Alappuzha.  The complaints stand dismissed by a common order.

2. The complainant/appellant has alleged that the Forum has disposed of the matter without pursuing documents and appreciating the evidence on record.  It is submitted that the complaints were filed seeking compensation for the forceful seizure of a Motor cycle by the opposite party/financiers and also for compensation for the delay in returning the vehicle and handing over the documents of the vehicle and also for refund of the excess amount paid etc.  It is also submitted that the complainant has examined 2 witness ie PWs 1 and 2 and got marked Exts.A1 to A29.

3. We find that the Forum has disposed of the matter by a critic order without considering the evidence adduced, documents produced or the contentions of the respective sides.  The order is absurd to the core.  In the appendix to the order it is mentioned as nil.  Such type of orders amount to doing dis-service to the consumers.  The order of the Forum is set aside.  The Forum is directed to re-hear the parties and if necessary to re-open the evidence and permit the parties to adduce evidence if they so desire.  It is also directed that the matter is to be disposed of by somebody else other than the Member who wrote the judgment.

The matter is posted before the Forum on 22/09/2010.

The office will forward copy of this order to the Forum urgently.

JUSTICE K.R. UDAYABHANU    :   PRESIDENT

VL.