Kerala

StateCommission

A/09/490

Indus Motors - Complainant(s)

Versus

Renjini C. Upendran - Opp.Party(s)

P.K.Aboobacker

30 Oct 2009

ORDER

First Appeal No. A/09/490
(Arisen out of Order Dated 26/06/2009 in Case No. CC 331/08 of District Kollam)
1. Indus MotorsKerala ...........Appellant(s)

Versus
1. Renjini C. UpendranKerala ...........Respondent(s)

BEFORE :
HONORABLE SRI.M.V.VISWANATHAN PRESIDING MEMBER
PRESENT :

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ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
              VAZHUTHACAUD THIRUVANANTHAPURAM
 
                                                     APPEAL NO.490/09
                                     JUDGMENT DATED 30.10.09
 
PRESENT
SMT.VALSALA SARANGADHARAN              -- MEMBER
SRI.S.CHANDRAMOHAN NAIR                        -- MEMBER
 
1. The Managing Director,
    Indus Motors,
    Cordial towers,
    Near S.T.Mary’s School,
    Pattom, Thiruvananthapuram.
2. The Manager,                                                     -- APPELLANTS
    Indus Motors,
    Punalur Branch.
    (By Adv.P.K.Aboobacker)
 
                 Vs.
Renjini C.Upendran,
Puthen Madom,
Bharanikavu,                                                          -- RESPONDENT
Punalur.
                                                JUDGMENT
 
SMT.VALSALA SARANGADHARAN,MEMBER
 
The appellants are the opposite parties in CC.No.331.08 in the file of CDRF, Kollam. The appellants are under orders to pay a sum of Rs.50,000/-as price difference of Model change along with Rs.15,000/- as compensation and Rs.1,500/- as costs to the complainant.
 
 
2. The appellants who are the opposite parties entered appearance before the Forum but did not file version and they have not adduced any evidence.
3. Heard both sides. The learned counsel for the appellants/opposite parties submitted that the counsel who conducted the case before the Forum was laid up due to Typhoid and so he could not properly entrust anybody to   represent the matter before the Forum. On a consideration of the order of the Forum and statement of facts in the appeal memorandum we find that a considered order is required in the matter.
4. In the circumstances, the order of the Forum is set aside on condition that the appellants/opposite parties deposit a sum of Rs.5000/- before the Forum within one month from today. The above amount can be withdrawn by the complainant towards costs. On deposit of the amount the forum will take the matter into file   and issue notice to the complainant. The Forum is also directed to permit the opposite parties to file version and to permit   both parties to adduce evidence in support of their contentions if they so desire and dispose of the matter on merits. The matter will stand posted before the Forum on 7.12.09.
 
 
 
The office is directed to dispatch the copy of this order to the Forum urgently.
 
VALSALA SARANGADHARAN          -- MEMBER
 
 
 
 S.CHANDRAMOHAN NAIR           -- MEMBER
 
 
PRONOUNCED :
Dated : 30 October 2009

[HONORABLE SRI.M.V.VISWANATHAN]PRESIDING MEMBER