KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL NO. 267/14
JUDGMENT DATED:23.09.2014
PRESENT :
JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT
SHRI.V.V JOSE : MEMBER
- Mohandas,
Branch Manager,
Susruta Agencies (MAS) P. Ltd.,
Residing at Door No.2/508/C,
Ukkens Road, Kanimangalam.P.O,
Thrissur-680 027.
: APPELLANT
- The Manager,
Susruta Agencies (MAS)P. Ltd.,
Head Office, Old No.2/3, New No.7,
Musa Street, T.Nagar,
Chennai-600 017.
(By Adv: Sri. V.J. Jayakumar Abraham)
Vs.
Satchidananda Institute of Medical Science,
Anandashram.P.O, Kanhangad,
Kasaragod District, Repd. By its : RESPONDENT
Chairman, Dr.M.R. Nambiar.
(By Adv: Sri. Babu P. Pothencode)
JUDGMENT
JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT
This is an appeal filed by the opposite parties in CC.No.205/10 on the file of CDRF, Kasaragod challenging the order of the Forum dated, 11th May 2011 allowing the complaint.
2. Complainant is Sachidananda Institute of Medical Science, Anandashram represented by its Chairman, Dr.M.R. Nambiar. He filed the complaint alleging that he purchased a Hemo Dialysis machine worth Rs.9,30,000/- from the opposite parties on 11.01.2008 which became defective and had to be repaired 8 times by the opposite parties. Therefore complainant filed the complaint claiming compensation and replacement of the machine.
3. The opposite parties remained absent before the Forum. Therefore Forum accepted the proof affidavit of the complainant and Exts.A1 to A4 were marked and allowed the complaint. Opposite parties have now come up in appeal challenging the said order of the Forum.
4. In this appeal the appellants contended that their addresses were shown wrongly in the complaint and that therefore they did not receive the notice and did not appear before the Forum. Further the appellants contended that they have corrected the defect alleged by the complainant in the machine. Taking into account the nature of the contentions raised by the opposite parties we feel that an opportunity should be given to the opposite parties to contest the matter on merits.
In the result appeal is allowed. The impugned order of the Forum is set aside. The matter is remanded to the Forum for fresh consideration in accordance with law. Both the parties shall appear before the Forum on or before 30.10.2014. Forum shall dispose of the matter within six months from the date of receipt of the copy of this order.
JUSTICE P.Q. BARKATHALI: PRESIDENT
V.V JOSE : MEMBER
VL.
