BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT PUDUCHERRY

 

THURSDAY, the 20th day of October, 2016

 

FIRST APPPEAL No. 3/2016

 

Dr.Ganesh, S/o Arumugam,

No.11, Sengunthar Street,

Orleanpet, Puducherry.                           ……….                 Appellant

 

   Vs.

 

1. The Proprietor,

    M/s Sakthi Cell Mount,

    No.79, M.G.Road, Puducherry.

 

2. The Manager,

    M/s Rayal Service (Nokia Care),

     No.178, Bussy Street, Puducherry.

 

3. The Care Manager,

    M/s Nokia India Pvt. Ltd.,

    SP INFOCITY, 243 Udyog Vihar,

    Phase-I, Dundahere,

    Haryana, Gurgaon – 122 016.                ……….                                   Respondents

 

 

 (On appeal against the order passed in C.C..No.13/2013, dt.15.12.2014 by District Forum, Puducherry)

 

C.C.No.13/2013 

 

Dr.Ganesh, S/o Arumugam,

No.11, Sengunthar Street,

Orleanpet, Puducherry.                           ……….                                  Complainant

 

   Vs.

 

1. The Proprietor,

    M/s Sakthi Cell Mount,

    No.79, M.G.Road, Puducherry.

 

2. The Manager,

    M/s Rayal Service (Nokia Care),

     No.178, Bussy Street, Puducherry.

 

3. The Care Manager,

    M/s Nokia India Pvt. Ltd.,

    SP INFOCITY, 243 Udyog Vihar,

    Phase-I, Dundahere,

    Haryana, Gurgaon – 122 016.                ……….                                  Opposite Parties

 

 

 

 

 

 

BEFORE:

 

HON’BLE THIRU JUSTICE K.VENKATARAMAN,

PRESIDENT

 

TMT. K.K.RITHA,

MEMBER

 

THIRU. S.TIROUGNANASSAMBANDANE,

MEMBER

 

FOR THE APPELLANT:

 

Thiru V.Annamalai,

Advocate, Puducherry.

 

 

FOR THE RESPONDENTS:

 

Exparte

 

O   R    D    E    R

 

(By Hon'ble Justice President)

 

This appeal is directed against the order of the District Consumer Disputes Redressal Forum, Puducherry, dated 15.12.2014 made in C.C.13/2013.

2. The Complainant therein is the appellant herein and the opposite parties thereon are the respondents. The parties are referred in the same position before District Forum.

3. The complainant has preferred a complaint before the District Consumer Disputes Redressal Forum, Puducherry claiming the following reliefs:

i) to direct the opposite parties to refund the cost of the mobile of Rs.4,200/- with interest at 24% p.a. from the date of purchase viz.06.04.2012, till complete payment and discharge or to provide a new model unit without payment of charges;

ii) To direct the opposite parties to pay jointly and severally a sum of Rs.1,00,000/- as compensation with cost for deficiency of service, mental agony, loss of incime due to deprivation of the complainant's medical service, loss of reputation, physical hardship due to procrastination and unnecessary harassment; and

iii) to pay a sum of Rs.6,000/- to litigation cost and expenditure.

 

4. On 01.07.2014, proof-affidavit of the complainant was filed and the matter was listed for cross examination of the complainant on 08.08.2014. On that date, Exs C1 to C15 were filed and marked and the complainant was cross-examined. For further cross-examination, the matter was listed on 26.08.2014.  Thereafter, on two occasions, the complainant and the opposite parties were not present before the District Forum.  Thereupon, on finding that the complainant was not present, the District Forum dismissed the complaint. The present appeal is filed against the said order. 

5. In our considered view, the District Forum has not considered the matter in proper perspective. As already stated, the complainant filed proof affidavit and marked the documents and was cross-examined in part by the opposite parties. Thereafter, the complainant was not present. The District Forum should have closed the complainant's side. Thereupon, the matter should have been posted for filing proof affidavit by the opposite parties. Without doing so, the complaint itself was dismissed by the District Forum, which is not a correct move.

6.  Therefore, we are of the view that the order of the District Forum is liable to be set aside and accordingly the order of the District Forum is set-aside. The matter is remitted back to the District Forum, Puducherry for further cross-examination of CW1 and shall follow the other procedures. 

7. Since the matter is of the year 2013, the District Forum is directed to take up the matter by giving priority to the same and shall dispose of the same within six months from the date of receipt of this order. 

Dated this the 20th day of October, 2016

 

(Justice. K.VENKATARAMAN)

                                                                                           PRESIDENT

 

 

 

(K.K.RITHA)

MEMBER

 

 

 

(S.TIROUGNANASSAMBANDANE)

                                                                                              MEMBER