Kerala

StateCommission

92/2002

Jalaludeen - Complainant(s)

Versus

Modi Xerox Ltd - Opp.Party(s)

V.S.Bhasurendran Nair

08 Apr 2008

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. 92/2002

Jalaludeen
...........Appellant(s)

Vs.

Modi Xerox Ltd
Windsor Graphics Pvt Ltd
...........Respondent(s)


BEFORE:
1. JUSTICE SHRI.K.R.UDAYABHANU 2. SMT.VALSALA SARNGADHARAN 3. SRI.S.CHANDRAMOHAN NAIR

Complainant(s)/Appellant(s):
1. Jalaludeen

OppositeParty/Respondent(s):
1. Modi Xerox Ltd 2. Windsor Graphics Pvt Ltd

For the Appellant :
1. V.S.Bhasurendran Nair

For the Respondent :
1. K.Muraleedharan Nair 2.



ORDER

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JUDGMENT

 

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDNET

 

          The appellant is the complainant in OP.483/99 in the file of CDRF. Thiruvananthpauram.  The matter related to the allegation that the 1st opposite party made an offer that every buyer of the photocopier of the opposite parties will be supplied with a cellphone free of cost.  It is the contention of the 2nd opposite party that in lieu of giving  the cell phone the complainant

 

 

has been paid Rs.6463/- and has also produced receipt in this regard.  It is mentioned  in the  order that in view of the contention that the receipt is a forged   one it was ordered to sent it to the handwriting  expert of the FSL.  The handwriting expert has reported that for examination and report it will take 3 years time.  Hence the Forum ordered that the case cannot be tried summarily and has to be considered to the merits in a civil proceedings.

          We find the  above  observation  of the Forum below cannot be countenanced.  The Forum is presided over by a person competent to be appointed  as a district Judge.  Hence complicated questions arising in the matter is not the criterion.  We find that the Forum is fully competent to decide a complicated question.  Hence the order of the Forum is set aside.  The matter is remitted back to the Forum. The Forum is directed to see that the matter is adjudged at the earliest.  Direction can be given to handwriting expert to submit the report within the period specified.  The matter will stand posted before the Forum on 12.5.08.

          The office is directed to transmit all the records  to the Forum immediately.

 




......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN
......................SRI.S.CHANDRAMOHAN NAIR