KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL:143/2008 JUDGMENT DATED.3..10..2008 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER Mustafa.A, Soudi Electronics, Opp. Mallikarjuna Temple, Chakara Bazar, Kasaragod. : APPELLANT (By Adv:Sri.N.Anilkumar & Deepesh.A.S) V. Naseer.C.A, Glamour, K.P.R.Rao Road, Opp. Telephone Bhavan, Kasaragod. : RESPONDENT JUDGMENT JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT The appellant is the opposite party in CC:97/2006 in the file of CDRF, Kasaragod. The appellant is under orders to refund Rs.7850/- and also to pay cost of Rs.1000/-. 2. It is the case of the complainant that he purchased a Nokia 6230 from the opposite party for Rs.7850/- for which no bill was issued. The mobile phone went out of order within two weeks. When complained sought replacement he was threatened. 3. Opposite party/appellant in his version totally denied the sale. 4. Evidence adduced consisted of PW1 and Exts.A1. We find that the Forum was satisfied on the testimony of PW1 as to the purchase of the mobile phone from the opposite party. Evidently he has not been cross-examined. The opposite party did not enter the witness box. In the circumstances we find that there is no illegality in the order of the Forum in the appreciation of evidence. There is no scope for interference. The appeal is dismissed in-limine. JUSTICE K.R. UDAYABHANU : PRESIDENT VALSALA SARANGADHARAN : MEMBER VL.
......................JUSTICE SHRI.K.R.UDAYABHANU ......................SMT.VALSALA SARNGADHARAN | |