KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUDTHIRUVANANTHAPURAM APPEAL NO.29/2008 JUDGMENT DATED 6.8.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SHRI.S.CHANDRAMOHAN NAIR -- MEMBER M/s.Sakthi Automobiles, (A Division of ABT Industries Ltd.) Sajina Super Complex, BPL Koottupatha, -- APPELLANT Chandra Nagar Post, Palakkad – 7. (By Ad.Joseph Markos & Ors.) Vs. Mr.L.Guruvayoor Kutty, S/0 Late Lakshmana Moothan, House No.3/197, “Sreevalsam”, -- RESPONDENT Behind Kasaba Police Station, Kuridikkadu, Pudusserry, Palakkad District. (By Adv.V.K.Ashok & Ors.) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the opposite party in CC 103/2006 in the file of CDRF, Palakkad. The appellants are under orders to replace 2005 model with 2006 model 407 SFC Tata goods vehicle or to refund Rs.30,000/- and cost of Rs.1000/-. 2. There is no representation for the respondent/complainant. 3. It is the contention of the appellant that as per the Sale Certificate and the Price List the vehicle purchased by the complainant is 2005 model and the price of 2006 model is Rs.5,02,048/-. The appellant has produced the Sale Certificate and Price List before this Commission. The above were not produced before the Forum. It is contended that as the complainant opted for 2005 model he was given discount of Rs.30,000/- and only Rs,4,72,000/- was received from the complainant. 4. In the circumstances, we find that the matter requires reconsideration. The order of the Forum is set aside on condition that the appellant pay a sum of Rs.3000/- to the complainant towards costs or deposit the same before the Forum which can be withdrawn by the complainant. The Forum will issue notice to the complainant and permit both sides to adduce further evidence if so they desire. 5. The matter will stand posted before the Forum on 25.10.10. The office will forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT S.CHANDRAMOHAN NAIR -- MEMBER s/L |