KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM

APPEAL. 52/2011

JUDGMENT DATED: 02..02..2011

PRESENT

JUSTICE SRI.K.R.UDAYABHANU            : PRESIDENT

SRI.S.CHANDRAMOHAN NAIR               : MEMBER

The Proprietor,                                            : APPELLANT

Time  Palace,

Maithanam, Varkala.P.O.,

Thiruvananhtpauram.

(By Adv.Kamaleswram.S.Manikantan Nair)

          Vs.

R.Saseendra Kurup, Anupama,                     : RESPONDENT

Mavinmoodu,

Kallampalam.P.O.,

Thiruvananthpauram.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU  : PRESIDENT

          The appellant is the opposite party in CC.191/2010 in the file of CDRF, Thiruvananthapuram.  The appellant is under orders to replace the battery or refund   Rs.35/- and pay Rs.1000/- towards compensation and costs.

          2. The case of the complainant is that he had purchased one battery worth Rs.35/- for his watch on 9.6.2010. Although he requested for the bill the same was not given.  The battery worked only for 3 hours.  The opposite

party refused to replace the battery or refund its price but also the opposite party insulted the complainant in front of other customers. 

          3. The opposite party received notice and filed statement before the Forum but did not pursue the matter thereafter.

          4. The evidence adduced consisted of the testimony of PWs 1 and 2 and MO1.

          5. The Forum has allowed the complaint on the basis of the unchallenged the deposition of PWs 1 and 2.  There is no proper reason mentioned as to why the appellant did not contest the matter before the Forum.  On a perusal of the order we find that there is no scope for admitting the appeal. In the result the appeal is dismissed in limine.

          Office will forward the copy of this order to the Forum urgently.

          JUSTICE K.R.UDAYABHANU                   : PRESIDENT

          S.CHANDRAMOHAN NAIR                      : MEMBER

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