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M/s. Popular Vehicles & Services Ltd., Manjeri & Others v/s Muhammed Riyas. P, Kismath Manzil, Thurakkal, Manjeri & Others


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- POPULAR VEHICLES AND SERVICES PRIVATE LIMITED [Active] CIN = U50102KL1983PTC003741

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- S. P. VEHICLES PRIVATE LIMITED [Active] CIN = U50300GJ2011PTC068423

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- S K VEHICLES PVT LTD [Strike Off] CIN = U34300CH1990PTC010788

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- D C VEHICLES (INDIA) LIMITED [Strike Off] CIN = U50103MH2007PLC170388

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

    First Appeal Nos. 638 & 723 of 2016

    Decided On, 27 February 2020

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. T.S.P. MOOSATH
    By, JUDICIAL MEMBER & THE HONOURABLE MRS. A. BEENA KUMARI
    By, MEMBER

    For the Appearing Parties: Lal K. Joseph, R. Suja Madhav, Shibili Naha, Sreevaraham N.G. Mahesh, Advocates.



Judgment Text


Common Judgment: (T.S.P. Moosath: Judicial Member)

Both these appeals arose out of the order passed by the Consumer Disputes Redressal Forum, Malappuram, in short the District Forum, by which the opposite parties 1 to 4 were directed to replace the vehicle of the complainant by a new model, 2013 model of same vehicle to the complainant and if the same model is not available to provide a new model vehicle and complainant shall pay the difference of value between 2013 model and 2016 model. The opposite parties were also directed to pay Rs. 25,000/- as compensation and Rs. 10,000/- as cost to the complainant. Opposite parties 1 to 3 have preferred Appeal No. 638/2016 and the 4th opposite party has filed Appeal No. 723/2016 against the order passed by the District Forum.

2. According to the complainant he purchased an Ertiga LDI car from the 1st opposite party. The 1st opposite party made him believe that the vehicle is of 2013 model and under that belief he purchased the car. Later he came to know that the vehicle supplied to him was of 2012 model. So he filed the complaint to direct the opposite parties to replace the vehicle with a new vehicle. Opposite parties 1 to 3 filed version denying the allegation of the complainant. 4th opposite party was set ex-parte.

3. The complainant was examined as PW1 and Exts. A1 to A5 were marked on his side. DW1 was examined and Exts. B1 & B2 were marked on the side of the opposite parties. The report of the commissioner was marked as Ext. C1. Considering the evidence adduced by the parties and hearing both sides the District Forum has passed the impugned order. Aggrieved by the order passed by the District Forum opposite parties 1 to 3 have filed Appeal No. 638/2016 and 4th opposite party has filed Appeal No. 723/2016.

4. Heard both sides. Perused the records.

5. The counsel for the appellant in Appeal No. 723/2016 submitted that on receipt of the notice from the District Forum they had sent a written version by post to the District Forum. But the District Forum has not considered the contentions raised by them in their version. Along with the appeal memorandum the appellant has produced a copy of the version alleged to have sent by them to the District Forum. On a perusal of the records of the District Forum it can be seen that it does not contain the version alleged to have sent by the appellant/4th opposite party to the District Forum. In the order sheet/proceeding paper of the District Forum on 11.05.2015 it is written as ‘complainant represented, opposite parties 1 to 3 also represented. 4th opposite party is served, called absent’. So there is no document to show that the appellant/4th opposite party had sent version to the District Forum by post. Counsel for the appellant submitted that an opportunity may be given to them to contest the case and to adduce evidence in support of their contention. Even though we are not satisfied by the reason/explanation stated by the appellant for not presenting their contentions properly and adducing evidence in support of their contentions before the District Forum, we consider that, for the interest of justice, an opportunity has to be given to the appellant/4th opposite party to file version, raising their contentions and to adduce evidence in support of their contentions, to have a decision of the complaint on merits, considering the contentions of 4th opposite party/appellant. For that purpose the order passed by the District Forum is to be set aside and the matter is to be remanded to the District Forum, for fresh disposal.

6. Remission of the case, setting aside the order of the District Forum can be allowed only on terms, directing the appellant to pay costs to the 1st respondent/complainant to compensate the injury that is likely to be caused to him due to the delay in culmination of the proceedings. Appellant shall pay cost of Rs. 10,000/- to the 1st respondent/complainant.

At the time of filing of the appeal the appellant has deposited Rs. 25,000/-. 1st respondent/complainant is permitted to obtain release of the amount of Rs. 10,000/- ordered as costs from that amount, on filing proper application. Release the balance amount to the appellant, on filing proper application.

In the result, Appeal No. 723/2016 is allowed and the order passed by the District Forum is set aside. The matter is remanded to the District Forum for fresh disposal, after giving opportunity to the appellant/4th opposite party to file version raising their contentions and to adduce evidence, if any. The District Forum shall dispose of the complaint afresh within a period of 6 months from the date of receipt of copy of the records from this Commission.

Since Appeal No. 723/2016 filed by the 4th opposite party in the complaint, is allowed, setting aside the order of the District Forum and remitting the complaint to the District Forum for fresh disposal after considering the contentions of the appellant in that appeal/4th opposite party, we consider that it is not just and fair/proper to co

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nsider Appeal No. 638/2016 on merits at this stage, especially, in the copy of the version produced by the appellant in Appeal No. 723/2016 alleged to have sent by them to the District Forum, they have raised contention regarding maintainability of the complaint. Hence Appeal No. 638/2016 is disposed of, granting liberty to the appellants to file fresh appeal, if they require, against the order to be passed afresh by the District Forum. Release the amount of Rs. 17,500/- deposited by the appellants at the time of filing the appeal, to them, on proper application.
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