KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

REVISION PETITION 01/2010 in IA.NO.281/09 IN CC.529/09

ORDER DATED: 27.5.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU            : PRESIDENT

SRI.M.K.ABDULLA SONA                        : MEMBER

1. M/s Skode Auto India Pvt.Ltd.,                : REVISION PETITIONERS

    Plot No.A1/1,Shehtra,

    5 Star Industrial Area,

    Aaurangabad – 431201.

2. M/s Marikar Engineers Pvt. Ltd.,

    Kannur Road, Puthiyangadi,

    Calicut – 673 021.

(By Adv.G.S.Kalkura)

          Vs.

P.C.Faris, S/o P.C.Faizal,                                      : RESPONDENT

Residing at Anjilas,

P .O.Puthiyangadi,

Pavangad, Kozhikode – 673021.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

Revision petitioners are the opposite parties in IA.281/09 in CC529/09 in the file of CDRF, Kozhikode.   Revision petitioners are under orders to release the vehicle after rectifying all the defects and the  complainant remitting  1/3^rd of the demanded bill amount.

2. It is pointed out by the counsel for the revision petitioners that the order was pronounced ex parte before the revision petitioners entered appearance before the Forum.  The counsel for the revision petitioners produced the letter alleged to have been given to the complainant dated 12.1.2010 mentioning that the repair cost come to Rs.62500/- and that as a good will measure they are reducing 50% of the sum and has requested to remit the balance.   The amount of the above bill was challenged in the Forum by filing the complaint.  It is pointed out that it is 1/3^rd of the bill amount that has been remitted by the complainant and got the vehicle released.  Revision petitioner has sought for an order directing the complainant to deposit balance 2/3^rd of bill amount of Rs.28000/-.  It is pointed out that in the event of dismissal of the complaint revision petitioner will be helpless to realize the bill amount.  The above was opposed by the counsel for the respondent.  We find that the  difficulty raised by the opposite parties/ revision petitioners appears to be genuine.  In the circumstances the complainant  is directed to remit or furnish  security for the above amount ie, 2/3^rd of the bill amount, before the Forum. 

Revision petition is disposed of  as above.

          JUSTICE SRI.K.R.UDAYABHANU            : PRESIDENT

          SRI.M.K.ABDULLA SONA                        : MEMBER

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