KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL:227/2001 JUDGMENT DATED.2..1..2008 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARNGADHARAN : MEMBER Lloyd Naronha, The Regional Sales Manager, Escotel Mobile Communications, 1765/1 MenathottamBuilding, : APPELLANT Pattom, TVPM-695 004. Repd. By the constituted attorney of M/S Escotel Mobile Communications Ltd. (By Adv: Sri.V.K.Mohankumar) V. 1.Vijayan Menon Kurikath, S/o Late Dr.K.G.Warrier, T.C.6/2389(1)Vijaya Gardens, Vattiyoorkavu, TVPM-695 013. : RESPONDENTS (By Adv:Vazhuthacadu.R.Narendran Nair) 2.Purushothaman, General Manager, LuluCenter, P.O.Box.No:60188, Dubai, U.A.E. JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT Appellant is the 1st opposite party in OP:192/2000 in the file of the CDRF, Thiruvananthapuram who along with the 2nd respondent is under orders to refund a sum of 250/- Dirhams or its equivalent in rupees as the value of the instrument ie, the Mobile phone and SIM card and to pay Rs.1500/- as compensation and Rs.500/- as cost. We find that the complainant had claimed refund of the cost of SIM card only which is mentioned as 250/- Dirhams. No evidence has been adduced to establish that the SIM card would cost 250/- Dirhams. In the circumstances we find that the order as such cannot be sustained. There was no representation for the respondent/complainant. Hence the order of the Forum is setaside. The matter is remitted to the Forum for fresh disposal on merits after permitting the parties to adduce further evidence if they so desire. The matter will stand posted before the Forum on 12..2..2008. Office is directed to transmit the records to the Forum urgently. JUSTICE. K.R. UDAYABHANU : PRESIDENT VALSALA SARANGADHARAN : MEMBER VL. | 
