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The Managing Director, Kerala State Co-operative Consumer Federation Vs. Smt.Sushama Remanan and Others - Court Judgment

SooperKanoon Citation

Court

Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided On

Case Number

First Appeal Nos. 384 of 08, 385 of 08, 386 of 08 & 387 of 08(Arisen out of order dated 30/07/2008 in Case No. First Appeal No. 84 of 2007, 85 of 2007, 86 of 2007 87 of 2007 of District Alappuzha)

Judge

Appellant

The Managing Director, Kerala State Co-operative Consumer Federation

Respondent

Smt.Sushama Remanan and Others

Excerpt:


.....no documentary has been produced by the complainant or by the opposite party. the appellant seeks to adduce evidence to substantiate their case that the cylinder and regulator was not returned and that the amounts are not refundable. 5. we find that the contention of the opposite parties /appellant are not seen considered in the order as such. of course the opposite parties have also not produced any documents in this regard. in the circumstance we find the matter requires reconsideration. in the circumstance the order of the forum is set aside on condition that the appellant remit a sum of rs.2500/- towards cost before the forum which can be withdrawn by the complainant. the amount is to be deposited within one month from today. on deposit of the amount the forum is directed to permit the parties to adduce any further evidence if they so desire and decide the matter on merits. the appeal will stand posted before the forum on 25.5.09. office is directed to forward this order to the forum urgently.

Judgment:


JUSTICE SRI. K.R. UDAYABHANU: PRESIDENT

The appellant is the opposite party in CC.84/07 in the file of CDRF, Alappuzha. The appellant is under orders to pay a sum of Rs.5500/- with a compensation of Rs.1000/- and cost of Rs.500/- to the complainant.

2. The matter related to the supply of gas by the Consumer fed. The case of the complainant is that the price of the gas was enhanced several times and hence she terminated the service of the appellant and entrusted the gas cylinders and regulator to the appellant and requested to return the deposit amount Rs.6020/-. There was no response.

3. The opposite parties have admitted only collection of a sum of Rs.5750/-. It is contended herein by the counsel for the appellant that the gas cylinder and regulator was not returned.

4. We find that no documentary has been produced by the complainant or by the opposite party. The appellant seeks to adduce evidence to substantiate their case that the cylinder and regulator was not returned and that the amounts are not refundable.

5. We find that the contention of the opposite parties /appellant are not seen considered in the order as such. Of course the opposite parties have also not produced any documents in this regard. In the circumstance we find the matter requires reconsideration.

In the circumstance the order of the Forum is set aside on condition that the appellant remit a sum of Rs.2500/- towards cost before the Forum which can be withdrawn by the complainant. The amount is to be deposited within one month from today. On deposit of the amount the Forum is directed to permit the parties to adduce any further evidence if they so desire and decide the matter on merits. The appeal will stand posted before the Forum on 25.5.09.

Office is directed to forward this order to the Forum urgently.




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