Jayakrishnan and Another Vs. K.R. Rajesh and Another

Jayakrishnan and Another vs K.R. Rajesh and Another

Type Court Judgment Court Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram Decided Mar 01, 2012

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Citation: sooperkanoon.com/1108347
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Judge: The Honourable Shri. Justice K.R. Udayabhanu President
Decided On: Mar 01, 2012
Case Number: First Appeal No. A/11/360 (Arisen out of Order Dated 25/06/2010 in Case No. CC/09/130 of District Alappuzha)
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Jayakrishnan and Another

Respondent

K.R. Rajesh and Another

Excerpt

justice sri. k.r. udayabhanu : president the appellants are the opposite parties in cc.130/09 in the file of cdrf, alapuzha. the appellants are under orders to pay a sum of rs.50000/- the amount required for getting the vehicle repaired and compensation of rs.10000/-. 2. the case of the complainant is that he purchased a pre-owned car from the opposite parties with a maruti true value certification for a sum of rs.2,43,500/-. according to him the vehicle was having serious problems thereafter. 3. the opposite parties have filed version contending that whatever repairs required were done. subsequently the complainant took the vehicle to m/s popular vehicle and services ltd. it is alleged that the complainant has used the car in a careless manner. 4. the evidence adduced consisted of the testimony of pw1, rw1; exts.a1 to a12 and b1 to b5. 5. we find that the forum has disposed of the matter by a cryptic order without considering the evidence adduced. moreover there is no expert evidence in the matter also. in the circumstances the order of the forum is set aside. the matter is remitted back to forum. forum is directed to disposed of the matter on merits for affording an opportunity to both sides to adduce any further evidence if they so desire. 6. the matter stands posted before the forum on 18.4.2012. office will forward the lcr alongwith the copy of this order to the forum.

Full Judgment

JUSTICE SRI. K.R. UDAYABHANU : PRESIDENT

The appellants are the opposite parties in CC.130/09 in the file of CDRF, Alapuzha. The appellants are under orders to pay a sum of Rs.50000/- the amount required for getting the vehicle repaired and compensation of Rs.10000/-.

2. The case of the complainant is that he purchased a pre-owned car from the opposite parties with a Maruti True Value certification for a sum of Rs.2,43,500/-. According to him the vehicle was having serious problems thereafter.

3. The opposite parties have filed version contending that whatever repairs required were done. Subsequently the complainant took the vehicle to M/s Popular Vehicle and Services Ltd. It is alleged that the complainant has used the car in a careless manner.

4. The evidence adduced consisted of the testimony of PW1, RW1; Exts.A1 to A12 and B1 to B5.

5. We find that the Forum has disposed of the matter by a cryptic order without considering the evidence adduced. Moreover there is no expert evidence in the matter also. In the circumstances the order of the Forum is set aside. The matter is remitted back to Forum. Forum is directed to disposed of the matter on merits for affording an opportunity to both sides to adduce any further evidence if they so desire.

6. The matter stands posted before the Forum on 18.4.2012.

Office will forward the LCR alongwith the copy of this order to the Forum.

Same Court & Year Kerala State Consumer Disputes Redressal Commission SCDRC Thi... Same Parties Jayakrishnan and Another vs K.R. Rajesh and Another Same Subject Land Acquisition Same Judge The Honourable Shri. Justice K.R. Udayabhanu President