KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHAPURAM FA.94/2009JUDGMENT DATED: 19.3.2009PRESENTJUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER 1.M/s Maxim Mobiles, : APPELLANTS By Pass Road, Mannuthy.P.O., Thrissur represented by its Manaigng Director. 2. M/s Maxim Mobiles, By Pass Road, Mannuthy.P.O., Thrissur. (By Adv.A.Santhosh kumar) Vs. K.K.Rajan, : RESPONDENT Kattippura House, Market Road, Cherpu.P.O., Thrissur. JUDGMENTJUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appeal is directed against the judgment of CDRF, Thrissur in CC.785/2007. The appellant has been directed to deliver Mahindra Alpha three wheeler for a sum of Rs.5999/-. The price of the vehicle is Rs.1,26,500/-. It is submitted by the appellant that amount of Rs.5999/- as advertised represented the initial payment less special discount of Rs.1000/- and the first EMI of Rs.1000/-, Rs.1500/- towards documentation expenses. No evidence is seen adduced. No documents are marked. The Forum has perused the advertisement produced and held that it was unfair trade practice to put a star mark and mention the conditions below in the advertisement in small letters. We find that whatever may be the nature of the advertisement, directing to deliver the vehicle for such a low price appears absurd. The Forum could have awarded compensation after hearing opposite party as well. In the circumstance the order of the Forum is set aside. The matter is remitted back to the Forum for disposal on merits after permitting both sides to adduce further evidence if they so desire. The matter will stands posted before the Forum on 5.5.09. The Forum shall issue notice to the complainant. Office is directed to despatch this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER ps |