Kerala

StateCommission

A/14/260

RAHUL INDANE - Complainant(s)

Versus

MOIDEENKUTTY - Opp.Party(s)

R. NARAYAN

30 Sep 2014

ORDER

KERALA  STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION

                                     VAZHUTHACADU    THIRUVANANTHAPURAM

 

APPEAL NO. 260/14

JUDGMENT DTD:30/09/14

                                     

(Appeal filed against the order in CC No. 09/14  on the file of CDRF, Malappuram, dated 27/05/14)

(

PRESENT

 

JUSTICE SHRI.P.Q. BARKATH ALI      : PRESIDENT

 

SHRI.V.V.JOSE                                        : MEMBER

 

APPELLANT

 

Rahul Indane,

10/187, Thottathil Building,

Alumchode, Valancherry-676 552

R/by its Proprietor

Vinod Kumar, S/o. V.C. Nair

 

( By Adv. Sri. Narayan. R.)

 

V/s.

 

 

RESPONDENT

 

          Modieenkutty,

          Vazhayil (H)

Paravanoor P.O., Tirur

Malappuram – 676 101

                  

 

 

 

 

JUDGMENT

JUSTICE SHRI.P.Q. BARKATH ALI:     PRESIDENT

 

          This is an appeal filed by the opposite party in CC No.9/14 on the file of CDRF, Malappuram challenging the order of the Forum dated May, 27, 2014 allowing the complaint.

 

          2.      The case of the complaint as testified by him as PW1 and as detailed the complaint before the Forum is that the opposite party the Gas agency demanded Rs.1,340/- for one cylinder of gas on January, 9, 2014 and later opposite party supplied one refilled gas cylinder for Rs.450/-.  Complainant filed by the complaint before the Forum for compensation.

 

          3.      Though the opposite party entered appearance before the Forum on March, 1, 2014, thereafter he remained absent.  Therefore Forum accepted the evidence of the complaint and allowed the complaint and directed the opposite party to pay compensation of Rs.3,000/- and cost of Rs.1,500/-.  Opposite party has come up in appeal challenging the said order of the Forum.

         

4.      In this appeal the appellant contended that he has valid contentions in the complaint.  Taking into account the nature of the contentions raised by the appellant, and hearing the respondent/complainant who appeared in person, we feel that an opportunity should be given to the appellant to contest the case on merits.  Therefore on September, 23, 2014 we have ordered that appeal will be allowed on payment of cost of Rs.1,000/- to the complainant.  When the appeal came up for hearing today appellant produced receipt to the effect that he has deposited the amount before the Forum.  That being  so appeal has to be allowed.

 

          In the result, appeal is allowed.  The impugned order of the Forum allowing the complaint is set aside.  The matter remanded to the Forum for fresh disposal in accordance with law.  Both parties shall appear before the Forum on November, 24, 2014.  On  receipt of the copy of this order,  Forum shall issue notice to the complainant.

 

 

  JUSTICE P.Q. BARKATH ALI:   PRESIDENT

 

 

 

    V.V.JOSE                               :  MEMBER

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