DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MALAPPURAM consumer case(CC) No. OP/99/288
MANAGING PARTNER, M/S. MANU PAPER PRODUCTS.
...........Appellant(s)
Vs.
PROP. N.S KUMAR, M/S. YENYESKEY MECHINE TOOLS.
...........Respondent(s)
BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
8. Opposite party fortifies that the allegation of defect of machine is raised by complainant to evade payment of balance consideration. Complainant contends that he has paid the full amount. On perusal of evidence tendered and materials on record there exists some dispute between the parties regarding the consideration paid. In the light of the discussions made already we do not think it is necessary to delve into this issue any further. Conspectously, we are able to reach the inescapable conclusion that complainant has failed to establish a case in his favour and is not entitled to any of the reliefs claimed.
9. In the result, we dismiss this complaint. Parties are directed to suffer their respective costs.
Dated this 5th day of August, 2008.
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : PW1
PW1 : Cholakkara Sreedhara Panicker, Managing Partner,
M/s Manu Paper Products.
Documents marked on the side of the complainant : Ext.P1 to P15
Ext.P1 : Quotation dated, 17-6-98 for Rs.2,19,960/- by opposite party
to complainant.
Ext.P2 : Receipt for Rs.10,000/- dated, 17-6-98 from opposite party
to complainant.
Ext.P3 : Receipt for Rs.30,000/- dated, 15-7-98 from opposite party
to complainant.
Ext.P4 : Receipt for Rs.30,000/- dated, 26-12-98 from opposite party
to complainant.
Ext.P5 : Quotation dated, 12-01-99 for Rs.2,34,765/- by opposite party
to complainant.
Ext.P6 : Receipt for Rs.30,000/- dated, 14-01-99 from opposite party
to complainant.
Ext.P7 : Receipt for Rs.75,000/- dated, 20-01-99 from opposite party
to complainant.
Ext.P8 : Receipt for Rs.59,765/- dated, 22-3-99 from opposite party
to complainant.
Ext.P9 : Letter dated, 30-10-98 by opposite party to complainant.
Ext.P10 : Letter dated, 20-01-99 written by opposite party to complainant.
Ext.P11 : Carbon copy of the Letter with postal receipt dated, 07-4-99 by
complainant to opposite party.
Ext.P12 : Carbon copy of the Letter with postal receipt dated, 22-4-99 by
complainant to opposite party.
Ext.P13 : Carbon copy of the lawyer notice dated, 20-7-99 by
Adv.K.P.Radhakrishna Menon to opposite party.
Ext.P14 : Carbon copy of the Postal enquiry report dated, 15-9-99 from
Supdt. of Post office, Manjeri Division to Adv.K.P.Radhakrishna Menon.
Ext.P15 : Carbon copy of the lawyer notice dated, 20-7-99 by
Adv.K.P.Radhakrishna Menon to opposite party.
Witness examined on the side of the opposite parties : DW1 and DW2
DW1 : S. Susbramanian, Paper Bag Machine Operator
DW2 : N. S. Kumar, opposite party.
Documents marked on the side of the opposite parties : Ext.R1 to R10
Ext.R1 : Letter dated, 14-01-99 by Sreedhara Panicker to opposite party.
Ext.R2 : Inland letter dated, 27-10-98 by complainant to opposite party
Ext.R3 : Carbon copy of the letter dated, 14-11-98 by opposite party
to S.B.T. Manager, Thenhipalam.
Ext.R4 : Cheque of Canara Bank dated, 21-01-99 for Rs.1,00,000/-
to opposite party signed by C. Dileepkumar.
Ext.R5 : Receipts for Rs.75,000/- and Rs.1,60,000/- dated, 20-01-99 from
opposite party to complainant
Ext.R6 : Letter dated, 20-01-99 by complainant to opposite party.
Ext.R7 : Receipt book with counterfoils of opposite party establishment.
Ext.R8 : Carbon copy of the letter dated, 18-3-99 by opposite party to complainant
Ext.R9 : Carbon copy of the letter dated, 05-5-99 by opposite party to complainant.
Ext.R10 : Registered postal cover (original).
Court document marked : Ext.C1
Ext.C1 : Commission report
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
E. AYISHAKUTTY, MEMBER
......................AYISHAKUTTY. E ......................C.S. SULEKHA BEEVI
Consumer Court Lawyer
Best Law Firm for all your Consumer Court related cases.
