KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM
APPEAL 272/2010
JUDGMENT DATED: 3.12.2010
PRESENT
JISTICE SRI.K.R.UDAYABHANU : PRESIDENT
SRI.S.CHANDRAMOHAN NAIR : MEMBER
1. M/s T.V.Sundram Iyengar & Sons Ltd., : APPELLANTS
Tellichery Road, Thana, Kannur.
2. M/s T.V.Sundram Iyengar & Sons Ltd.,
Mavoor Road, Kozhikode.
3. H.V.Srinivas,
Asst.Service Manager,
TVS & Sons Ltd.,
Kaloor, Kochi.
(By Adv.Menon & Menon)
Vs.
1. K.Valsan, Anad, : RESPONDENTS
P.O.Kvaumbhagam,
Thalassery.
(By Adv.V.K.Radhakrishnan Nair)
2. Chairman,
Premier Automobiles Ltd.,
Mumbai.
(By Adv.T.Ramakrishnan)
JUDGMENT
JISTICE SRI.K.R.UDAYABHANU : PRESIDENT
The appeal is filed over the EA.62/09 filed in OP.615/96 directing the opposite party in the OP to pay a sum of Rs.1,97,000/- to the complainant.
2. Before this Commission the 1st opposite party offered a sum of Rs.1,10,000/- to the complainant on behalf of the opposite parties. The complainant agreed to settle for the above amount. All the same the 1st opposite party has sought for the order to realise the above amount from the 4th opposite party/manufacturer. We find that as per the order of the Forum the liability is joint and several. Hence the 4th opposite party would be liable to pay atleast 50% of the amount paid by the 1st opposite party. Hence 1st opposite party is permitted to realize the amount from the 4th opposite party by executing this order if the 4th opposite party did not pay the amount to the 1st opposite party within three months from the date of receipt of this order. The appeal is disposed of as above.
The first opposite party will make the payment to the complainant within three months from the date of receipt of this order failing which the complainant will be entitled for interest at 12% from 3.12.2010, the date of this order.
The office will forward the LCR along with the copy of this order the Forum.
JISTICE SRI.K.R.UDAYABHANU : PRESIDENT
SRI.S.CHANDRAMOHAN NAIR : MEMBER
ps
