KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL:18/2001 JUDGMENT DATED.25..11..2008 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER SRI. M.K. ABDULLA SONA : MEMBER Sri.Paul Thomas, Chakkalackal, Cherthala.P.O, Repd. by his Power of attorney Holder, K.B.Ajithkumar, Devaki Sadanam, : APPELLANT Maruthorvattom.P.O, Cherthala. (By Adv: Sri.Jamuna.K.C) V. 1.M/s Baron Electronics Pvt. Ltd., Door No:35/3078, Thammanam Road, Palarivattom, Kochi – 25, Repd by itManager. : RESPONDENTS 2.Sri.Bhaskara Kurup, Proprietor, Salu Traders, NSSBuildings, Cherthala.P.O. (By Adv for R2: M/S Kalkura) JUDGMENT JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT The appellant is the complainant in OP:230/99 in the file of CDRF, Alappuzha. The appellant is aggrieved over the order of the Forum directing the opposite parties to pay Rs.14.910/- with 12% interest from 17..5..1997 and also cost of Rs.750/-. 2. It is the case of the complainant that as per the advertisement published by the opposite parties he paid a sum of Rs.22,490/- for Akai CT 2119 Model TV. It was advertised that the above model TV if purchased one CT 1419 Model TV will be given free. According to him on payment of the amount the particular model of TV for which the amount was paid was not available and the free model was supplied. Subsequently, the Akai CT 2119 model was not supplied at all. Hence he has sought for supply of the TV or the amount with 18% interest and compensation of Rs.10,000/-, 3. The 1st opposite party that represented the manufacturer has denied liability alleging that it is not responsible for the dealings of the dealer. 4. Second opposite party has contended that the TV could not be supplied as the complainant was not available and the person who came to collect the model had no authorization. It is seen that he has submitted in the version that he is ready to give the TV set. 5. The evidence adduced consisted of PW1, RW1, Exts.P1 to P6 and Exts.B1 to B3. 6. We find that the Forum has deducted the price of the free TV as Rs.7,490/- and fixed the price of the undelivered TV at Rs.14,910/-. The appellant/complainant is aggrieved in this regard. But we find that the complainant has been granted interest at the rate of 12% from 17..5..1997 onwards and has also been awarded cost of Rs.750/-. 6. In the circumstances we find that no interference is required in the above order taking into consideration more than a decade is over and interest at 12% would work out a substantial sum. The opposite parties are directed to make the payment as ordered by the Forum within two months. The appeal is disposed of as above. JUSTICE K.R.UDAYABHANU: PRESIDENT VALSALA SARANGADHARAN: MEMBER M.K. ABDULLA SONA : MEMBER VL.
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN
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