KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUDTHIRUVANANTHAPURAM APPEAL NO.320/10 JUDGMENT DATED 27. 9.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.S.CHANDRAMOHAN NAIR -- MEMBER 1. C.R.Rajeev, Principal, Brilliance College, SS Kovil Road, Thampanoor, Thiruvananthapuram. -- APPELLANTS 2. The Manager, Brilliance College, Sreekrishna Complex, Onden Road, Kannur-1. (By Adv.K.Vinod Shanker & Ors.) Vs. Manoj Simon, Poonkavanam Quarters, Opp.Poonkavanam Temple, -- RESPONDENT Hosdurg, Kangangad. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellants are the opposite parties in CC,63/07 in the file of CDRF, Kannur. The appellants are under orders to deliver the Honda Activa Scooter to the complainant as offered and Rs.500/- as costs. 2. The case of the complainant is that the complainant had offered a Hero Honda Scooter for the person who obtains first rank in each district. Out of the candidates, who availed the coaching of the appellant in the LDC test of 2005 conducted by the Public Service Commission the complainant secured first rank from Kannur District. When contacted the complainant told that the gift will be given in a public function and that the same will be informed to the complainant. Subsequently, a lawyer notice was sent. The opposite party has contended that the complainant has obtained the first rank after getting grace marks of 10 is he is an ex-service man. Hence the complaint. 3. The contention of the opposite parties is that the complainant is not entitled as he obtained the rank after including the grace marks and hence he is not entitled. 4. The evidence adduced consisted of the testimony of Exts. A1 to A6 and B1to B1(a). 5. We find that in Ext.A3 paper publication, the complainant has offered a Hero Honda Scooter to the first rank holder of each district. Subsequently, in Ext.A5 advertisement, after the announcement of the results of the examination the photograph of the complainant along with that of others who obtained first rank in other districts is published in the first page of Malayala Manorama Daily. The contention of the appellant is that at page 9 of the Magazine Thozhil Vartha, it is mentioned that grace marks will not be considered. We find that the candidates who approach the opposite parties on the basis of the advertisement given in the widely circulated newspaper cannot be deceived in such a manner. In the advertisement, it is not mentioned that there are certain conditions like excluding the grace marks. Further the appellant has not given the scooter to anybody else from the particular district. 6. In the circumstances, we find that there is no scope for admitting the appeal. The appeal is dismissed in limine. The office will forward the LCR along with the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT S.CHANDRAMOHAN NAIR -- MEMBER S/L | 
