Kerala

StateCommission

A/10/148

Amicus Communications - Complainant(s)

Versus

Suresh Kumar.B - Opp.Party(s)

26 May 2010

ORDER

First Appeal No. A/10/148
(Arisen out of Order Dated 25/11/2009 in Case No. CC 184/09 of District Kollam)
1. Amicus Communications ...........Appellant(s)

Versus
1. Suresh Kumar.B ...........Respondent(s)

BEFORE :
HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT SRI.M.K.ABDULLA SONA Member
PRESENT :

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ORDER
AKERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
             VAZHUTHACAUD THIRUVANANTHAPURAM                                                                                               
APPEAL NO.148/2010
JUDGMENT DATED 26.5.2010
 
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU                   -- PRESIDENT
SRI.M.K.ABDULLA SONA                                  -- MEMBER
 
The Manager,
Amicus Communications
Shilpam, TC 24/757,Mettukada,                    -- APPELLANT
Thcaud P O, Thiruvananthapuram.

(By Adv.
 
        Vs.
Santhosh Suresh Kumar.B,
Uthrada Bhavanam, Chittoor,                               -- RESPONDENT
Panmana.P.O, Chavara,Kollam.
 
                                    JUDGMENT        
                                                                                                      
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
 
          The appellants are the opposite parties in CC.184/09 in the file of CDRF, Kollam.  The appellants are under orders to pay a sum of Rs.2,500/- as compensation and Rs.1000/- as costs.
2. The appellant was ex-parte in the proceedings before the Forum although they had entered appearance and filed version.
3. The case is with respect to the Panasonic KX MB-262 CX (Multiplication printer, Scan and copier) purchased from the opposite party for a sum of Rs.7,300/-.  It is alleged that during the warranty period itself, the machine was defective. He could only         use machine for 1500/- print outs whereas   it was offered that the machine can be used for 6000 prints without any problems.
          4. The evidence adduced consisted of the testimony of PW1, Exts.P1 and P2.
          5. We find that no reason is mentioned in the appeal memorandum for the absence of the appellant before the Forum. The Forum has relied on the evidence of PW1, the complainant.  We find that there is no patent illegality in the order of the Forum. Hence, the appeal is dismissed. The appellant is directed to pay the amount of compensation and costs as ordered within 3 months from the date of receipt of this order. Failing which opposite party/appellant would be liable to pay 18% interest per annum from today.
Office is directed to forward the copy of this order to the Forum urgently
JUSTICE  K.R.UDAYABHANU        -- PRESIDENT
 
 
 
 M.K.ABDULLA SONA           -- MEMBER
 
s/L
PRONOUNCED :
Dated : 26 May 2010

[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT[ SRI.M.K.ABDULLA SONA]Member