KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM FIRST APPEAL 164/2010 JUDGMENT DATED: 19.4.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER The Manager, : APPELLANT Hyper Tech Systems, Near Kochukodungalloor Temple, N.H.47 Near Iroon Bridge, Kollam. (By Adv.G.S.Kalkura) Vs. Soji Somaraj, : RESPONDENT Mani Mandiram, Ezhukone.P.O., Kollam. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party in CC/274/2009 in the file of CDRF, Kollam. The appellant is under orders to refund a sum of Rs.29,500/- with interest at 9% per annum and to pay Rs.7500/- as compensation and cost of Rs.1000/-. 2. It is the case of the complainant that he purchased an assembled personal computer system from the opposite party for the price of Rs.29,500/- on 29.12.07. According to him soon after the machine developed problems and he could not use the machine satisfactorily even for a single day. 3. The opposite parties stood ex parte before the Forum. 4. The complainant was examined as PW1; Exts. P1 to P6 marked. 5. The reason mentioned for the non appearance of the opposite party before the Forum is that the matter was entrusted to one Advocate and that he due to an inadvertent mistake could not appear before the Forum and the opposite party could not follow up the case as he was admitted in a hospital undergoing treatment for back pain. 6. We find that nothing to establish the above fact alleged has been produced. The reason mentioned for non appearance is not convincing. In the circumstances we find there is no scope for admitting the appeal. The appeal is dismissed in limine. Office is directed to forward the copy of this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER ps |