KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

             APPEAL  NO:138/2010

                              JUDGMENT DATED:05..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

M/s Kalyani Sharp India Ltd.,

Central Marketing division Gat No:686/4,

Korgaon Bhima, Tal Shirur District,                              : APPELLANT

Pune. Repd by The Manager, Services,

Service Centre.

(By Adv:Sri.K.S.Vijayakumar)

            Vs.

1.K.Vikraman Nair,

  Kavuvila Veedu,

  T.C.23/186, Karamana.P.O,

  Melarannoor, TVPM.

                                                                                                : RESPONDENTS

2.M/s Maya Electronics, R/by its Manager,

  Near G.P.O, Pulimoodu,

  M.G.Road, TVPM.

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the 1^st opposite party in OP:508/2003 in the file of CDRF, Thiruvananthapuram.  The appellant is under orders to return the amount paid for the VCD ie Rs.9,990/- and Rs.2,000/- as compensation and Rs.2000/- as cost.

2. The case of the complainant is that he purchased a sharp VCD from the 2^nd opposite party manufactured by the 1^st opposite party on 23/11/2002.  According to him within 5 days from the date of purchase the same developed complaints.  It is alleged that the opposite parties are not willing to replace the VCD.

3. It is the contention of the opposite parties/appellants that only the CDs as suggested in the Manual can be used in the VCD.  According to them low quality CDs should not be used. 

4. The evidence adduced consisted of the testimony of PW1, DW1, CW1 and Exts.P1 to P4 and C1.

5. The Commissioner who was examined has mentioned that the CDs of the particular format mentioned in the Manual are not available in the market.  Production of the above type of CDs has been stopped by 2002.  The VCD in the instant case was purchased on 23/11/2002.  We find that it is not proper for the opposite parties to sell the particular type of VCDs as the CDs that can be operated in the VCD are not available and the production of the CDs have been stopped.  In the circumstances we find that there is no scope for interference in the order of the Forum or admitting the appeal.

In the result the appeal is dismissed in-limine. 

 Office will forward a copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.