Kerala

StateCommission

A/09/94

Maxim Mobiles - Complainant(s)

Versus

K.K.Rajan - Opp.Party(s)

A.Santhosh Kumar

19 Mar 2009

ORDER

First Appeal No. A/09/94
(Arisen out of Order Dated 30/09/2008 in Case No. CC 785/07 of District Trissur)
1. Maxim Mobiles Kerala ...........Appellant(s)

Versus
1. K.K.RajanKerala ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHAPURAM

 

FA.94/2009

JUDGMENT DATED: 19.3.2009

PRESENT

JUSTICE 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.

JUDGMENT

JUSTICE 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

 

PRONOUNCED :
Dated : 19 March 2009

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT