KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL 223/2010 JUDGMENT DATED: 20.5.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER Tojo Kainady, : APPELLANT S/o P.J.Abraham, Proprietor, Kainady Agro-Tech Sheraton Complex Samooham Road Junction Chalappuram, Kozhikode. (By Adv.Bimal.V.S) Vs. M.K.Scariachan, : RESPONDENT Mannanal House, Opposite Sellere Convent, Malaparamba, Calicut. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/dealer who is under orders to return a defect free bush cutter and compensation of Rs.1000/- to the complainant in CC.142/09 in the file of CDRF, Kozhikode. 2. The case of the complainant is that he had purchased a bush cutter- Sparta 42 on 19.6.2008 from the opposite party for a sum of Rs.25000/-. After the 3rd service the machine became defective. The machine was entrusted for the repairs to the opposite party and changed some parts but the machine is still defective. The machine was again entrusted with the opposite party for repairs. It is alleged even after 9 months the opposite party has not return the machine. 3. Among various other contentions opposite party had contended that machine was sent to the service centre at Cochi on 15.2.09 for getting it repaired. After repair the matter was intimated to the complainant on 19.3.2009. The repair cost comes to Rs.3230/-. The complainant has not taken back the machine. 4. The evidence adduced consisted of the testimony of PWs 1 and 2 and RW1; Exts. A1 to A3 and B1 and B2. 5. The Forum has noted that in Ext.A2 warranty card the warranty was for the period of 24 months. Admittedly it is during the above period that the machine has became defective. The Forum has only ordered to give a defect free bush cutter and compensation of Rs.1000/-. We find that there is no patent illegality in the order of the Forum. In the result we find there is no scope for admitting the appeal. The appeal is dismissed in limine. Office is directed to forward the copy of this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER ps | 
