Kerala

StateCommission

A/559/2017

MARSHAL K T - Complainant(s)

Versus

ANOOP ANTONY - Opp.Party(s)

PETER DAVIS M

18 Oct 2019

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION,  SISUVIHAR LANE, VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.559/2017

 

JUDGMENT DATED: 18.10.2019

 

(Against the order in CC No.632/2016 on the file of CDRF, Thrissur
Order dated 28.02.2017)

 

 

 

PRESENT:

 

SRI. T.S.P.  MOOSATH	:	JUDICIAL MEMBER
SRI. RANJIT  R.	:	MEMBER

 

 

APPELLANT:

 

Marshal K.T., S/o Thomas, Kavalakkat House, East Fort, Thrissur, Proprietor, Kala Digital Photo World, Paul & Mathew Building, P.O. Road, Thrissur.

 

(by Adv. M. Peter Davis)

 

VS

 

 

RESPONDENT:

 

Anoop Antony, Photographer, S/o Vettiyadanveettil Antony, North Chalakkudy Desom, P.O. Chalakkudy.

 

 

 

 

 

 

JUDGEMENT

 

 

SRI. RANJIT  R.          :        MEMBER

 

          The opposite party in C.C.No.632/2016 on the file of Consumer Disputes Redressal Forum, Thrissur, in short, District Forum has filed the appeal against the exparte order passed against the appellant directing them to replace the camera with a new one or to return the cost of camera of Rs.81,000/- (Rupees Eighty One Thousand), with 12% interest.  The opposite party was also directed to pay an amount of Rs.5,000/- (Rupees Five Thousand) as compensation and cost.

The case of the complainant in brief is that he had purchased the camera worth Rs. 81,000/- (Rupees Eighty One Thousand) from the opposite party.  The camera was having one year replacement warranty.  The camera showed low performance and less picture quality and hence the complainant entrusted the camera for service on 21.01.2014 with the opposite party.  Even after servicing the camera showed same defects again.  Eventhough the camera was serviced many times by the opposite parties the defects could not be rectified.  Hence he filed a complaint for replacing and for compensation.

We heard the counsel for the appellant and the respondent and perused the records.

The learned counsel for the appellant contended that the opposite party did not receive any notice from the District Forum and he had no knowledge of any case filed against him before the Consumer Disputes Redressal Forum, Thrissur.  Eventhough they filed petition for setting aside exparte order it was dismissed since the Forum was not having the power to set aside exparte order as per the Consumer Protection Act.

Perusal of the order shows that the opposite party refused to accept the notice and remained absent and it resulted in passing an exparte order against them, accepting the case of the complainant relying on the affidavit filed and also documents produced.  Though we find reason to hold the appellant was liable for passing exparte order against them, since a decision on the issue involved has to be formulated after providing opportunity to both sides to lead evidence, we are inclined to grant the request for setting aside the order and to remand the case for fresh disposal.

Remission of the case, setting aside the order of the District Forum can be ordered only on terms directing the appellant to compensate the injuries likely to be caused by the delay in culmination of the proceedings to the complainant.  The appellant has to pay an amount of Rs.10,000/- (Rupees Ten Thousand) as cost to the complainant as a condition precedent for setting aside the order and remission of the case.  The respondent/complainant can realise the amount of Rs.10,000/- (Rupees Ten Thousand) ordered as cost from the amount of Rs.25,000/- (Rupees Twenty Five Thousand) deposited by the appellant for entertaining the appeal, on filing proper application.  Balance amount of Rs.15,000/- (Rupees Fifteen Thousand) is to be released to the appellant on filing proper application.

In the result appeal is allowed.  The order of the District Forum is set aside and the matter is remanded for fresh disposal, after giving opportunity to the appellant to file version and to adduce evidence, if any.  The District Forum shall dispose off the complaint as expeditiously as possible.

 

 

T.S.P. MOOSATH	:	JUDICIAL MEMBER
RANJIT  R.	:	MEMBER

 

 

 

SL