KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.245/2011

JUDGMENT DATED 31.5.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

M/s Sony India Pvt.Ltd.

A company incorporated under the

Companies Act, 1956 having its

Registered Office at A-31,                                --  APPELLANT

Mohan Cooperative Estate

Mathura Road,

New Delhi – 110044.

  (By Adv.R.S.Sreeram)

                   Vs.

Mini George

B-8, HIG Flat, Karshaka Road,                          --  RESPONDENT

Kadavanthra – 682 016.

                                                            JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties in CC.642/10 in the file of CDRF, Ernakulam.  The complaint stands allowed.  The opposite parties are the manufacturer.     The dealer was ex-parte.

2. It is the case of the appellant that the notice was served on the appellant on the previous day of the posting date of the case at the office of the appellant at New Delhi and that the matter was also disposed of thereafter quickly.

          3. The evidence adduced consisted of the testimony of Exts.A1 to A5.

          4. The matter relates the defects of  the TV manufactured by the appellant, within the warranty period.  The opposite parties have been directed to rectify the defects of the TV set free of cost and also to pay compensation of Rs.5,000/- and cost of Rs.1000/-.  We find that the  complaint had been filed on 6.12.2010 and disposed of on 31.1.2011.  We find that at least the dealer could have contested the case.  The appellant cannot disown the dealer and  contend that they have no control  over the dealer.  In the circumstances, we find that there is no patent illegality in the order of the Forum.  There is no scope for admitting the appeal.  Appeal is dismissed in limine.

          The office will forward the order to the Forum.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT