KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  NO:415/2009

                              JUDGMENT DATED:17..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

Rajendran, S/o Rajan,

Rajendra Vilasom,

Sooranadu North,                                               : APPELLANT

Anayadi.P.O, Kollam.

(By Adv: Sri.Sreevalsam R.Gopalakrishnan)

          Vs.

Tata Motors Ltd.,

Oottukuzhi Road, TVPM.                                   : RESPONDENT

                                      JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the complainant in CC:378/05 in the file of CDRF, Kollam.  The complaint stands dismissed.

2. The complaint is with respect to the alleged exorbitant amount claimed by the opposite party/financier with respect to the finance availed for the chassis of a bus.  The Forum has dismissed the complaint on the ground that in the case of hire purchase agreement the owner is not rendering any service vide Sec.2(1)(O) of the Consumer Protection Act.

3. The evidence adduced consisted of the testimony of PW1 and Exts.P1 to P4.

4. The counsel appearing for the appellant has submitted that it was a mistake that it has been mentioned in the complaint that the owner of the vehicle is the financer.   He has stated that the RC is in the name of the complainant and that the chassis has only been hypothecated.

5. In the circumstances we find that the order of the Forum is liable to be reconsidered.

In the result the order of the Forum is set aside.  The Forum is directed to further hear the parties and dispose of the case on merits.  The case stands posted before the Forum on 27/52010.

The office will forward a copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.