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Thottoli Maimoona v/s Shameer

    Appeal No. 653 of 2017

    Decided On, 02 November 2017

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, MEMBER

    For the Appellant: S. Vinod Kumar, Advocate. For the Respondent: -------

Judgment Text

S.S. Satheesachandran: President

Appellant is the complainant. She has filed the above appeal against the summary dismissal of her complaint, with a petition to condon

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delay of 122 days in preferring the appeal.2. We heard the counsel for appellant on the delay matter and also on merits of appeal as well. Appellant is a lady who claims to have purchased a lorry from respondent paying valuable consideration. Vehicle was defective and the engine provided in the vehicle was not of that vehicle, but, of a different vehicle was her case. Her complaint was a preliminary enquiry was rejected by the District Forum holding that the allegations set out in her complaint would give rise to a case of cheating and, therefore, it was not maintainable.3. Perusing the affidavit sworn to in support of the petition to condone delay, we find no reason to doubt the case of complainant that she could not file the appeal within time since she suffered severe back pain and was under treatment. Delay involved is therefore condoned.4. Perusing the Order of the lower forum with reference to the submission made by counsel we are of the view that summary dismissal of the complaint taking a view that the allegation set out in the complaint would give rise to only a case of cheating is not prima-facie correct. Complainant comes within the definition of consumer who had paid valuable consideration for a vehicle allegedly purchased from opposite party which, according to her, had a defective engine. Ends of justice demand that she should have been given an opportunity to establish her case leading evidence. Setting aside the Order of dismissal of complaint, District Forum is directed to take back the complaint on its file and dispose it in accordance with law.Appeal allowed.

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