Kerala

StateCommission

A/15/195

THE SUB DIVISIONAL ENGINEER BSNL - Complainant(s)

Versus

JOSE SCARIA - Opp.Party(s)

08 Jun 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO.195/15

JUDGMENT DATED:08.06.2015

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V. JOSE                                                                   : MEMBER

 

The Sub Divisional Engineer,

BSNL, Kozhikode Telecom District,                             : APPELLANT                    

Sub Divisional Office,

Kodencherry, Kozhikkode.

 

(By Adv: Sri. G.S. Prakash)

 

            Vs.

Jose Scaria,

Pulinthanath House,

Velamcode P.O,                                                                  : RESPONDENT

Kodencherry, Kozhikkode-673 580.

 

JUDGMENT

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

 

This is an appeal filed by the first opposite party in CC.395/14 on the file of Consumer Disputes Redressal Forum, Kozhikkode challenging the order of the Forum dated, December 06, 2014 making the appellant/opposite party exparte and directing the opposite party to refund Rs.11,745/- which was paid towards internet connection and to pay cost of Rs.2000/-.

2.      The case of the complainant as detailed in the complaint and as testified by him as PW1 before the Forum is that he has a telephone connection bearing No.0495 2236574, that he applied for internet connection by paying Rs.11,745/- but the opposite party did not provide him with internet connection.  He claimed refund of the said amount and compensation.

3.      As the opposite party remained absent, Forum accepted the evidence of the complainant as PW1 and Exts.A1 to A4 and allowed the complaint.  The opposite party has now come up in appeal challenging the said order of the Forum.

4.      Taking into account the nature of the contentions raised by the parties we felt that an opportunity should be given to the appellant to contest the matter on merits.  Therefore on May 25, 2015 we have passed an order to the effect that the appeal will be allowed on payment of cost of Rs.5000/- to the complainant.

Today counsel for the appellant produced the receipt for having paid the cost.  Therefore appeal is allowed the impugned order of the Forum allowing the complaint is set aside.  The matter is remanded to the Forum for fresh disposal in accordance with law.  Appellant shall appear before the Forum below on July 30, 2015.  On receipt of the records the Forum shall issue notice to the complainant.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

V.V. JOSE : MEMBER

 

VL.