THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO. 280/16
(ORDER DATED. 24/10/2019 )
(Appeal filed against the order in cc.no. 461/2014, cdrf, Malappuram)
PRESENT:-
SRI. T.S.P MOOSATH: JUDICIAL MEMBER
SRI. RANJIT. R : MEMBER
SMT. BEENAKUMARI . A :MEMBER
APPELLANTS:
- M/s. Educomp Solutions Limited,
1211, Padma Tower-1, 5 Rajendra palace,
New Delhi- 110008.
- M/s. Edu Smart Services Private Limited,
L-74, Mahipalpur Extension, New Delhi,
Pin. 110037.
(By Adv. Pradeesh chacko )
RESPONDENT:
Markazul Uloom English Senior Secondary School,
Vidhayapuram, P.B.No. 121, Kondotty,
Malappuram Dist. Pin. 673 638.
(By Adv. Faizal P Mukkam )
ORDER
SMT. BEENAKUMARI . A :MEMBER
The appellants were the opposite parties in C.C.No. 461/2014 on the files of the Hon’ble Consumer Disputes Redressal Forum, Malappuram.
2. The original complaint was filed by the respondent/ complainant before the Consumer Disputes Redressal Forum, Malappuram. The case of the complainant was that they have entered in to an agreement with the opposite parties who have then agreed to provide educational materials which includes hardware and software to facilitate better learning and understanding of the subject by utilizing information technology and multimedia. The smart class were installed by the opposite parties but it had several defects. The opposite parties failed to provide the services and quality as offered by them and the entire terms and conditions were violated. According to the complainant the hardware supplied by the opposite parties became defective with regard to 2 classes out of the 6 classes and that though the same was informed to the opposite parties there was response from them. An email was send by the complainant for which a reply was sent by the opposite parties demanding Rs. 17,75,000/- from the complainant. The complainant alleges that the opposite parties failed to provide necessary and adequate services to the complainant as per the agreement.
3. They submitted that notice was served on the appellants/opposite parties from the Hon’ble forum, but the opposite parties did not appear and the Hon’ble Forum made the appellants/opposite parties as ex-parte. It is further submitted that the Hon’ble Forum marked documents produced by the complainant as Exhibits A1 to A12. The Forum has allowed the complaint directing the opposite parties to pay an amount of Rs. 12,00,000/- being the compensation for loss, injury and hardships sustained to the complainant and the students and a further amount of Rs. 5000/- towards the costs of this proceedings failing which opposite parties shall be liable to pay6% interest upon the above total amount from the date of pronouncement of the order.
4. Aggrieved by the above said order of the Consumer Disputes Redressal Froum, Malappuram in CC.No. 461/2014 dated 08/12/2015.
5. The appellant submitted that they have received the notice from the District Forum, but the notice was misplaced and for that they failed to appear before the District Forum. There was no willful negligence or laches on the part of them . The appellant further stated that they have sufficient evidence and proof to contest the case. Hence they prayed for the remission of the case, for fresh disposal after giving opportunity to them for filing version and adduce evidence. The appellants have raised another contention that the complainant is not a consumer. It is true that the appellants had not got opportunity before the lower forum for contesting the case. We are not satisfied with the reason stated for their non-appearance before the Forum. But in the interest of justice we consider that an opportunity has to given to the appellants /opposite parties 1 and 2 for file version and adduce evidence and decide the case on merits. Hence we have not gone through the merits of the case.
6. Remission of the case setting aside the order of the District Forum can be ordered only on terms directing the appellants to compensate the injury likely to be caused by the delay in culmination of the proceedings to the respondent /complainant. Appellants have to pay Rs. 10,000/- as costs to the respondent /complainant as a condition precedent for setting aside the order and remission of the case.
7. Complainant/ respondent is permitted to obtain release of the amount of Rs. 10,000/- ordered as costs from the amount deposited by the appellants at the time of institution of the appeal before this Commission on proper application. Refund the balance amount to the appellants on proper application. The appellants also have the right to get refund of the amount deposited before the District Forum for obtaining stay, on proper application.
In the result, the appeal is allowed. The order passed by the District Forum in 461/2014 of Consumer Disputes Redressal Forum, Malappuram is set aside and the matter is remanded for fresh disposal, after giving opportunity to the appellants to file version and to adduce evidence if any. The District Forum shall dispose the complaint as early as possible.
T.S.P MOOSATH : JUDICIAL MEMBER
RANJIT. R : MEMBER
BEENAKUMARI . A :MEMBER
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