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Prasanna Home Appliances, Ezhukone v/s P.S. Sanil & Others


Company & Directors' Information:- B S APPLIANCES LIMITED [Active] CIN = L29302KA1989PLC009887

Company & Directors' Information:- D J APPLIANCES PRIVATE LIMITED [Active] CIN = U74900MH2008PTC183082

Company & Directors' Information:- A & A APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U74990TN2011PTC079434

Company & Directors' Information:- J M A APPLIANCES PRIVATE LIMITED [Active] CIN = U74899DL2000PTC106483

Company & Directors' Information:- Y & Y APPLIANCES PRIVATE LIMITED [Active] CIN = U31909DL2007PTC158083

Company & Directors' Information:- S S APPLIANCES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030560

Company & Directors' Information:- M. P. APPLIANCES PRIVATE LIMITED [Active] CIN = U29300MP2007PTC019887

Company & Directors' Information:- R S APPLIANCES PRIVATE LTD [Active] CIN = U74899DL1986PTC026499

Company & Directors' Information:- A C & R APPLIANCES PRIVATE LIMITED [Active] CIN = U31908MH2013PTC241267

Company & Directors' Information:- APPLIANCES (INDIA) PVT LTD [Strike Off] CIN = U51109WB1982PTC034482

Company & Directors' Information:- P.S. APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U31900DL1996PTC080001

Company & Directors' Information:- R R APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U51395RJ2002PTC017605

Company & Directors' Information:- D V APPLIANCES PRIVATE LIMITED [Active] CIN = U29120DL1998PTC096926

Company & Directors' Information:- U S APPLIANCES PVT LTD [Amalgamated] CIN = U29300MH1981PTC024515

Company & Directors' Information:- J M W HOME APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U29309DL2002PTC114410

Company & Directors' Information:- B T APPLIANCES PRIVATE LIMITED [Active] CIN = U29305RJ2013PTC041299

Company & Directors' Information:- S S HOME APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U51300MH2004PTC149305

Company & Directors' Information:- S L APPLIANCES PRIVATE LIMITED [Active] CIN = U51909DL1999PTC099620

Company & Directors' Information:- PRASANNA & COMPANY PRIVATE LIMITED [Strike Off] CIN = U24200DL1993PTC056172

    First Appeal No. 309 of 2019

    Decided On, 05 March 2020

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. JUSTICE K. SURENDRA MOHAN
    By, PRESIDENT
    By, THE HONOURABLE MR. T.S.P. MOOSATH
    By, JUDICIAL MEMBER
    By, THE HONOURABLE MRS. A. BEENA KUMARI
    By, MEMBER & THE HONOURABLE MR. K.R. RADHAKRISHNAN
    By, MEMBER

    For the Appellant: Sreevaraham N.G. Mahesh, Advocate. For the Respondents: ----



Judgment Text


A. Beena Kumari, Member

The appellant is the 2nd opposite party in C.C. No. 134/2018 on the file of Consumer Disputes Redressal Forum, Kollam. The 1st respondent is the complainant, the 2nd respondent is the 1st opposite party and the 3rd respondent is the 3rd opposite party before the District Forum.

2. Case of the complainant is as follows: Complainant purchased a Videocon LED TV from the 2nd opposite party for an amount of Rs. 29,500/-. After two months the LED screen was found to be defective and therefore contacted the 3rd opposite party. Even after repeated demands from the side of the complainant the opposite parties failed to rectify the defects of the LED TV. Hence the complaint was filed before the District Forum.

3. Notice was served on the opposite parties 1 to 3. The 2nd opposite party has filed vakalath but after that they did not file version and was therefore set ex-parte. The District Forum allowed the complaint and directed the opposite parties to replace the LED TV or refund the price of the TV and to pay compensation of Rs. 10,000/- and costs of Rs. 5,000/- to the complainant. Aggrieved by the said order the 2nd opposite party has filed this appeal.

4. The appellant argued that the order of the District Forum is wrong, contrary to law, facts and evidence in the case. The reason stated for their non-appearance is that, though the notice was received by the appellant and they had engaged a lawyer, but he filed vakalath only and did not follow-up the case. So the appellant was set ex-parte. Hence they prayed for allowing the appeal and setting aside the order of the District Forum in C.C. No. 134/2018 and seek a remand back for fresh disposal.

5. We heard the appellant/2nd opposite party. We are not satisfied with the reason submitted by the appellant for their non-appearance before the District Forum. But in the interests of justice it is necessary that an opportunity is given to the appellant to contest the case before the District Forum. Hence we have not gone to the merits of the case.

6. However, a remand of the case setting aside the order of the District Forum can be ordered only on terms directing the appellant to compensate the injury likely to be caused by the delay in culmination of the proceedings to the 1st respondent/complainant. Appellant shall, therefore, pay Rs. 5,000/- as costs to the 1st respondent/complainant as a condition precedent for setting aside the order and remand of the case.

The 1st respondent is permitted to get release of the amount of Rs. 5,000/- from the statutory amount deposited by the appellant at the time of institution of the appeal before this Commission, on proper application. Balance amount can be withdrawn by the appellant, on proper application.

In the result, this appeal is allowed and the Order passed by the District Forum in C.C. No. 134/2018 is set aside and the matter is remanded to the Consumer Disputes Redressal Forum, Kollam for

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fresh disposal, in accordance with law, after giving opportunity to the appellant for filing version and to adduce evidence, if any. The District Forum shall dispose of the complaint as early as possible. The District Forum shall send notice to both sides before trial. Send back the records to the District Forum, forthwith.
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