KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL:129/2008 JUDGMENT DATED.27..7..2009 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K. ABDULLA SONA : MEMBER V.Yesodharan, Sasthamparambil Veedu, Chirakkadavom Muri, Kayamkulam, : APPELLANT Alappuzha-690 502. (By Adv:Sri.Narayan.R) V. Shri. Stalin, Kunnumpuram Metal Industries, Industrial Estate, : RESPONDENT Kollakadu, P.O.Kallimel, Mavelikkara-690 570. JUDGMENT JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT The appellant is the complainant in CC.154/05 in the file of CDRF, Alappuzha. The complaint stands dismissed. 2. The complainant had sought for compensation for the failure of the opposite party in not fitting the rolling shutter as agreed and after receiving Rs.11,000/-. According to the complainant he got the rolling shutter fitted from another establishment. 3. On the other hand, the opposite party/respondent has contended that he had fitted the rolling shutter at the shop of the complainant and balance consideration of Rs.3,024/- is due to him. According to the respondent the complainant has filed the complaint to evade payment of the balance amount. 4. As pointed out the counsel we find that the Forum has not considered the entire evidence at all. The appendix even is not complete. The evidence of CW1 the Commissioner or Ext.X1 report are not mentioned at all in the judgment. The judgment of the Forum is totally disappointing. 5. In the circumstances the order of the Forum is set aside. The Forum is directed to hear the parties afresh and dispose of the matter by a considered order. 6. The Forum is directed to dispose of the matter within 3 months from the date of receipt of this order. 7. The matter stands posted before the Forum on 10..9..2009. Office is directed to dispatch the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU: PRESIDENT VL. M.K. ABDULLA SONA : MEMBER
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