KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISION VAZHUTHACAUDTHIRUVANANTHAPURAM APPEAL NO.301/08 JUDGMENT DATED.24.11.08 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER Sitaram Motors, Authorised Maruthi Dealer T.U.D.A Road, -- APPELLANT Peringavu, Thrissur Rep. by working Partner Venkittaraman (By Adv.K.Arum kumar Kaimal) Vs. T.D.Pauly, Hardware Merchant, -- RESPONDENT Tharayil House, Thrissur. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU:PRESIDENT The appellant is the opposite party/dealer of Maruthi Alto car. The appellant is under orders to deliver a Maruthi Alto Car for a price of Rs.999/- to the complainant within one month. It is the case of the complainant that opposite parties published a general offer to sell Maruthi Alto Car for a price of Rs.999/- in the Mathrubhoomi dated.30.4.08. The offer was limited on 30.4.08. The petitioner went over to the office cum show room of respondent with the required amount and also with driver to drive the vehicle home. The respondent refused to deliver the vehicle and the complainant caused to issue lawyer notice. No reply was received. The complainant remained ex-parte. The petitioner filed proof affidavit and Exts. P1 to P3 ie., paper cutting of the advertisement, lawyer notice and postal report. It is the contention of the appellant/opposite party that the notice from the Forum got misplaced and hence they could not appear and contest. In the circumstances and considering the nature of the order, the same is set aside. The matter is remitted back to the Forum. The matter will stand posted before the Forum on 5.1.09. The Forum will permit the parties to file version and adduce further evidence if they so desire and dispose of the matter on merits. The Forum will issue notice to the complainant. The office is directed to forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARNGADHARAN -- MEMBER S/L
......................JUSTICE SHRI.K.R.UDAYABHANU ......................SMT.VALSALA SARNGADHARAN | |