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The Manager, M/s. Oxygen the Digital Shop v/s Kunnath Ravindran

    Appeal No. 331 of 2015

    Decided On, 03 August 2015

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, MEMBER

    For the Appellant: R. Narayan, Advocate. For the Respondent: P.V. Unnikrishnan, Advocate.

Judgment Text

P.Q. Barkathali: President

This is an appeal filed by the opposite party in CC.340/14 on the file of Consumer Disputes Redressal Forum, Malappuram challenging the order of the Forum dated, December 12, 2014 allowing the complaint.

2. The case of the complainant as detailed in the complaint before the Forum and as testified by him as PW1 is that he purchased a mobile phone worth Rs.51,500/- from the opposite party on April 30, 2014 which was found to be defective. Complainant filed the complaint claiming refund of the said amount with compensation.

3. Opposite party remained absent before the Forum. Therefore Forum accepted the evidence of PW1 and Exts.A1 to A4 and directed the opposite party to refund the price of the mobile phone Rs.51,500/- and a compensation of Rs.10,000/-. Opposite party has now come up in appeal challenging the said order of the Forum.

4. Taking into account the nature of the contentions raised by the parties we felt that an opportunity should be given to the appellant to contest the matter on merits. Therefore on January 29, 2015 we have ordered that appeal will be allowed on payment of cost of Rs.2,000/- to the complainant.

5. Today appellant produced a cheque infavour of the complainant for Rs.2000/-. The cheque shall be handed over to the complainant. Therefore appeal is allowed. The impugned order of the Forum allowing the complaint is set aside. The matter is remanded to the Forum for

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fresh disposal in accordance with law. Appellant shall appear before the Forum on 02.09.2015. On receipt of records Forum shall issue notice to the complainant.