The Respondent as complainant filed a complaint before the District Forum against the Appellant / opposite party praying for the direction to the opposite party to deliver the battery inverter, alongwith compensation of Rs.4 lakhs, and cost. The District Forum allowed the complaint. Against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.18.01.2010 in CC. No.410/2009.
This petition coming before us for hearing finally today. Upon hearing the arguments of the appellant counsel on eitherside, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order in the open court:
M. THANIKACHALAM J, PRESIDENT (Open court)
1. The opposite party, aggrieved by the order of the District Forum, has preferred this appeal, questioning the reasons assigned by the District Forum, on various grounds, which is opposed.
2. The complainant/1st respondent, purchased battery inverter, from the opposite party, and it appears that was giving problem, resulting opposite party taking back, not returned. Thus accusing, and leveling deficiency, a consumer complaint came to be filed, seeking direction against the opposite party to deliver the battery inverter, taken from the complainant, as well as claiming a sum of Rs.4 lakhs, as compensation for the delay in delivery of goods.
3. Though before the District Forum, the opposite party was served, remained exparte.
4. The District Forum, as per the mandate of the Consumer Protection Act, and considering the pleadings, as well as the supportive affidavit, came to the conclusion, that there was deficiency, and in this view, a direction came to be issued, to deliver the battery, taken from the complainant, as well to pay the compensation of R.50000/-, in addition to cost of Rs.5000/-, with interest also, for the compensation awarded.
5. Admittedly, the opposite party/ appellant, has not filed the written version, and therefore in the absence of plea, it is not possible to come to a definite, and positive conclusion, whether the opposite party had committed deficiency or not, preceded by negligent act, which is to be considered, by giving an opportunity. When this was expressed by this commission, the learned counsel appearing for the respondent/ complainant, fairly conceded, that the matter may be remanded, to the District Forum, for fresh consideration. In view of the above facts, the order of the District Forum, required to be set aside, and the matter should be remanded.
4. In the result, the appeal is allowed, setting aside the order of the District Forum in O.P.No.410/2009 dt.18.1.2010,and the matter is remanded back to the District Forum, Chennai (North), for fresh disposal according to law. Both parties should appear before the District Forum on 07.03.2011, for taking further instructions, on which date itself, the opposite party shall file not only the written version, but also the proof a
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ffidavit, from which date, the District Forum is directed to dispose of the appeal, expeditiously not later than 3 months, according to law on merit. There will be no order as to cost in this appeal. The amount deposited, as mandatory deposit, by the appellant shall abide the result of the District Forum, in original complaint.