KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL:353/2009 JUDGMENT DATED.27..7..2009 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K. ABDULLA SONA : MEMBER Xerox Modicorp Ltd., Corporate Office, 19th Floor, DLF Square, Jacaranda Marg, : APPELLANT M Block, DLFCity Phase II, Gurgaon – 122 002, Haryana. (By Adv: Sri.G.S.Kalkura) V. 1.T.R. Krishnan, Executive Engineer (PWD) (Retd.), Chartered Engineer and Registered Valuer, TC.35/801, Vrindavan, Shornur Road, Thrissur-1. : RESPONDENTS 2.A.J. Business Machines, Penta Estate, Janatha Junction, Palarivattom, Cochin, Repd by Proprietor. JUDGMENT JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT The appellant is the opposite party who had supplied Xerox Copier machine. The appellant is under orders to refund a sum of Rs.1,08,750/- as well as Rs.40,000/- and Rs.5000/- as compensation and Rs.500/- as cost. The appellants/respondents were set exparte. 2. We find that there is no convincing explanation for the appellant for not contesting the matter before the Forum. All the same in view of the amount involved from the contention of the appellant it would only be proper to permit the appellant to contest the matter. 3. In the circumstances the order of the Forum is set aside on condition that the appellant/opposite party pay a sum of Rs.7500/- before the Forum towards the cost of the complainant which can be withdrawn by the complainant. The amount is to be deposited within two months from today. On deposit of the amount the Forum will issue notice to the complainant and permit the parties to adduce evidence and dispose of the matter by a considered order. The case stands posted before the Forum on 30..10..2009. Office is directed to dispatch the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER VL.
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