Kerala

StateCommission

A/11/173

THE MANAGER,GRAMA SOUBHAGYA COMPLEX - Complainant(s)

Versus

N,RAJENDRAN - Opp.Party(s)

CHIRAYINKIL.V.SURESHKUMAR

19 Mar 2011

ORDER

 
First Appeal No. A/11/173
(Arisen out of Order Dated 24/01/2011 in Case No. CC/10/165 of District Idukki)
 
1. THE MANAGER,GRAMA SOUBHAGYA COMPLEX
KANJIRAMATTOM,THODUPUZHA
IDUKKI
KERALA
...........Appellant(s)
Versus
1. N,RAJENDRAN
EDASSERIL HOUSE,VENGALLOR.P.O,THODUPUZHA
IDUKKI
KERALA
...........Respondent(s)
 
BEFORE: 
 HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
 
PRESENT:
 
ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

 

APPEAL  NO: 173/2011

 

 JUDGMENT DATED:19-03-2011

 

 

PRESENT

 

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

 

1.         The Manager,

Khadi Grama Sowbhagya Office complex,

Kanjiramattam, Bye Pass Road,

Thodupuzha.P.O, Idukki Dist.

 

2.         The Project Officer,

District Khadi And Village Industries

Office, Kanjiramattam, Bye Pass Road,

Thodupuzha.P.O, Idukki Dist.                 : APPELLANTS

 

3.         The Secretary,

Kerala Khadi and Village Industries Board,

Thiruvananthapuram.

 

(By Adv.Chirayinkil Sri.V.Sureshkumar)

 

            Vs.

 

N.Rajendran,

Edasseril House, Vengallor.P.O,                        : RESPONDENT

Thodupuzha, Idukki District.

 

 

JUDGMENT

 

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

  

Appellants are the opposite parties in CC.165/10 in the file of CDRF, Idukki.  The appellants are under orders to pay a sum of Rs.1559/- to the complainant and Rs.1500/- towards cost with interest at 12% if the amount is not paid within one month.

2.      It is the case of the complainant, a retired gazetted officer that he purchased 5 dothies from the opposite parties and after sometime the same were found torn and the colour changed at the border.  The bills and defective cloths were produced before the opposite parties but they declined to give any relief.

3.      The defence of the opposite parties are confined to the contention as to the delay of 8 months in bringing up the matter after purchase.

4.      The evidence adduced consisted of the proof affidavit of the complainant and the testimony of DW1, Exts.P1 to P3 and R1.

 5.     On a perusal of the order of the Forum we find that nothing has been brought out to disbelieve the version of the complainant.  Evidently the colour at the border has been faded and the cloth was also torn.  The opposite parties ought to have replaced the material or refunded the amount.  In fact it was a fit case that punitive compensation ought to have been awarded.  We find that there is no scope for admitting the appeal at all. 

In the result the appeal is dismissed in-limine.

The office will forward the LCR along with the copy of this order to the Forum.

 

 

JUSTICE K.R. UDAYABHANU:  PRESIDENT

 

 

VL.

 

 
 
[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]
PRESIDENT

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