Kerala Court May 2011 Judgments
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M/S Premier Automobiles Ltd., Repd. by Its Manager â Legal, H G S ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: May-06-2011
SHRI. K.R. UDAYABHANU: PRESIDENT The Revision Petitioners are the 2nd opposite party/manufacturers in CC.169/08 to 172/08 in the file of CDRF, Kozhikkode. The revision petitions are filed over the orders in the interim applications filed. The Forum has ordered the revision petitioner/manufacturer to take the vehicles/pick up autorikshaws to their factory at Pune at their expense and rectify the complaints and remodel the same and deliver the vehicles to the complainants at Calicut in good and roadworthy condition with a fresh one year warranty. 2. It is the contention of the revision petitioners that the vehicles were purchased in the year 2005/2006 and that the complaints have been filed only in 2008. It is submitted that the revision petitioners have not agreed before the Forum to rectify the defects of the vehicles. It is their contention that there was no manufacturing defects and that the defects if any are on account of the nature of the user of the vehicle for a long time. It is...
Scms Group, CochIn Corporate Office and Another Vs. S.S.Mahendrakumar
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: May-04-2011
SHRI. S.CHANDRAMOHAN NAIR : MEMBER This appeal is preferred by the opposite parties in CC.43/10 before the CDRF, Ernakulam. By the impugned order dated:30/10/2010, they are under directions to pay to the complainant a sum of Rs.3.lakhs with 12% interest per annum from the date of order till realization. 2. The facts narrated by the complainant before the Forum were that he was admitted in the 2nd opposite party School of Engineering for the Automobile Engineering course in the management quota and that he had remitted Rs.2,46,000/- at the time of admission and further that due to revulsion in the subject consequent to some physical stress and mental strain he discontinued the studies and requested the college authorities to give the transfer certificate and other relevant records for joining some other course. It is his case that the opposite parties demanded Rs.60,000/- in addition to the amount already remitted by him. However to save one year he paid the amount and got the transfer ...
Haridas and Another Vs. Sangeetha Dasan and Others
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: May-04-2011
JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellants are opposite parties 4 and 7 in CC.588/09 in the file of CDRF, Thrissur. The appellants are under orders to refund a sum of Rs.1.lakh with interest at 9% from the date of deposit till realization and cost of Rs.500/-. 2. The matter is with respect to the refund of amounts deposited as fixed deposit with the Trust owned by the opposite parties/appellants also. A sum of Rs.1.lakh was deposited in 3/6/2002 with the agreed rate of interest at 18%. 3. The opposite parties including the appellants were exparte. 4. It is the case of the appellants that they were residing abroad and notice was not served. They have also alleged collusion between the complainant and the 2nd opposite party. 5. In the circumstances and in view of the fact that the order is an uncontested one the same is set aside on condition that the appellants pay a sum of Rs.8,000/- towards cost to the complainant or deposit the same before the Forum which can be withdraw...
The Divisional Manager, New India Assurance Co.Ltd., Vs. P.Ajith
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: May-03-2011
JUSTICE SRI K.R.UDAYABHANU: PRESIDENT The appellants are the opposite parties/Insurance Company in CC.150/2008 in the file of CDRF, Kannur. The appellants are under orders to pay a sum of Rs.27000/- towards the assured sum and 1000/- towards cost. 2. The matter is with respect to the alleged repudiation of the claim with respect to the jeep owned by the complainant that met with an accident. The claim was repudiated on the ground that on the date of accident the driver was not having driving license and badge. 3. The evidence adduced consisted of the testimony of PWs 1 to 3; DWs 1 and2; Exts A1 to A5 and B1 to B13, X1 and X1(a). 4. The Forum has awarded only an amount as assessed by the Surveyor deputed by the appellant although the complainant claimed a sum of Rs.75000/-. The only dispute is with respect to the alleged failure on the part of the driver of the vehicle who had not renewed the license and badge as on date of the accident. It is seen from the order that the driver was a p...
The Managing Director, M/S Subash and Company Vs. Suresh Kumar and Ano ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: May-03-2011
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT Appellant is the 1st opposite party the financier in CC.71/2010 in the file of CDRF, Pathanamthitta. The matter was disposed of with the appellant ex-parte. 2. The evidence adduced consisted of the proof affidavit of the complainant; and Exts.A1 to A3. 3. Opposite parties are under orders to return the original R.C book, duplicate key of the autorickshaw and 4 signed blank cheque leaves in the custody of the opposite parties and also to pay compensation of Rs.25000/- and cost of Rs.1000/- and in default to pay a sum of Rs.87,000/- with interest at 10%. Although no convincing reason has been mentioned as to why appellants stood ex-parte we find the order of the Forum is not a considered one. In the circumstance the order of the Forum is set aside on condition that the appellants 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 will pe...
The Manager, M/S Shriram Transport Finance Co.Ltd., Vs. Abdul Kareem a ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: May-02-2011
JUSTICE SRI K.R.UDAYABHANU : PRESIDENT Appellant is the 1st opposite party/Financier in CC.212/08 in the file of CDRF, Malappuram. The complaint stands allowed in part and the 1st opposite party/Financier is directed to pay an amount of Rs.48594/- to the complainant with interest at 10% from the date of the order of the Forum. 2. The case of the complainant is that he had availed a loan of Rs.3,81,000/- with finance charges of Rs.1,91,757/- on 20.3.2007 on condition to repay the same in monthly instalments of 40 months. He paid an amount of Rs.2,28,000/-. It is alleged that the vehicle was seized when the amount of Rs.58000/- was due, in the 1st week of July 2008. He approached the opposite party with Rs.70000/- including the overdue interest and finance charges for release of vehicle. The opposite party did not receive the amount and demanded a huge amount and notice dated 7.4.08 was issued demanding 4,60,938/-. The details of the accounts were not furnished. In the reply letter oppos...
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