KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL NO.240/2010 JUDGMENT DATED: 27.5.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER M/s T.P.Agencies, : APPELLANT Mavoor Road, Calicut. (By Adv.Shyam Padman) Vs. T.Sugesh, : RESPONDENT S/o Sukumaran, Tharol House, Nellikkode village, Kovoor Desom, Kozhikode Taluk. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/dealer in CC.361/09 in the file of CDRF, Kozhikode. The appellant is under orders to pay a sum of Rs.15,000/- towards compensation and cost of Rs.1000/-. 2. The case of the complainant is that he purchased first quality floor tiles from the opposite party’s showroom for a sum of Rs.37599/-. Tiles after laying in his newly constructed house was found to have varied in colour. The complainant had approached the opposite party several times and also sent notice. 3. The opposite party/appellant stood ex parte at the Forum. 4. The evidence adduced consisted of the testimony of PW1; Exts.A1 to A6. 5. The Forum has relied on the testimony of PW1 and ordered only a compensation of Rs.15000/- and cost of Rs.1000/-. 6. The explanation by the appellant for his non appearance before the Forum is that on receiving the notice he had contacted the complainant and requested him to implead the manufacturer who would settle all his grievances and he agreed. Hence believing the assurance of the complainant he did not contest. We find the above version of the appellant is hardly believable. We find that there is no patent illegality in the order of the Forum below. There is no scope for admitting the appeal. Appeal 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 |