Proprietor, Best Ind Computer Shoppe, Fair Mount Tower Vs. Leslie Antony - Court Judgment

SooperKanoon Citationsooperkanoon.com/1108863
CourtKerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided OnOct-28-2011
Case NumberFirst Appeal No. A/11/712 (Arisen out of Order Dated 31/08/2011 in Case No. CC/11/281 of District Kozhikode)
JudgeTHE HONOURABLE SHRI. JUSTICE K.R. UDAYABHANU PRESIDENT & THE HONOURABLE MR. S. CHANDRAMOHAN NAIR MEMBER
AppellantProprietor, Best Ind Computer Shoppe, Fair Mount Tower
RespondentLeslie Antony
Excerpt:
justice shri. k.r. udayabhnu: president appellants are the opposite parties in cc.281/11 in the file of cdrf, pathanamthitta. the appellant is under orders to replace the computer with a defect free computer of another brand or refund rs.23,100/- and also cost of rs.500/-. 2. it is the case of the appellant that the notice received was misplaced as the shop room was under repairs. 3. the evidence adduced consisted of the testimony of pw1 and exts.a1 to a10. 4. we find that the reasons mentioned for non appearing before the forum appears totally unconvincing. all the same in view of the fact that the order is not a contested one the same is set aside on condition that the appellant/opposite party pay a sum of rs.8000/- towards cost to the complainant or deposit the same before the forum which can be withdrawn by the complainant. on payment of cost, the forum shall permit the opposite party to contest the matter and dispose of the case on merits. the case stands posted before the forum on 30.11.2011. office will forward a copy of this order to the forum.
Judgment:

JUSTICE SHRI. K.R. UDAYABHNU: PRESIDENT

Appellants are the opposite parties in CC.281/11 in the file of CDRF, Pathanamthitta. The appellant is under orders to replace the computer with a defect free computer of another brand or refund Rs.23,100/- and also cost of Rs.500/-.

2. It is the case of the appellant that the notice received was misplaced as the shop room was under repairs.

3. The evidence adduced consisted of the testimony of PW1 and Exts.A1 to A10.

4. We find that the reasons mentioned for non appearing before the Forum appears totally unconvincing. All the same in view of the fact that the order is not a contested one the same is set aside on condition that the appellant/opposite party pay a sum of Rs.8000/- towards cost to the complainant or deposit the same before the Forum which can be withdrawn by the complainant. On payment of cost, the Forum shall permit the opposite party to contest the matter and dispose of the case on merits. The case stands posted before the Forum on 30.11.2011.

Office will forward a copy of this order to the Forum.