State Consumer Disputes Redressal Commission
M/S Premier Automobiles Ltd., vs Habeebu Rahiman.K.A, S/O Abubacker ... on 6 May, 2011
Daily Order
Revision Petition No. RP/11/30 (Arisen out of Order Dated 22/12/2010 in Case No. CC/08/171 of District Kozhikode) 1. PREMIER AUTOMOBILES PUNE MAHARASHTRA ...........Appellant(s) Versus 1. HABEEBU REHAMAN KOZHIKKODE KERALA ...........Respondent(s) BEFORE: HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
REVISION PETITION NOS.28/11, 29/11, 30/11 & 31/11
COMMON JUDGMENT DATED: 06-05-2011
PRESENT
JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT
SHRI.S. CHANDRAMOHAN NAIR : MEMBER
REVISION PETITION NO.28/11 M/s Premier Automobiles Ltd., Repd. by its Manager - Legal, H G Samanth, S/o Gajanan, : REVISION PETITIONER Old Mumbai-Pune highway, Chinchwad, Pune-411 019.
(By Adv:Sri.Narayan.R) Vs.
1. Nissar V.K, S/o Kunhabdulla, Vailiya Karuvariyil House, Nadapruam Post, Vatakara, Kozhikode District.
: RESPONDENTS
2. M/s Sun Marine Automobiles, Nandanam Complex, Kannur Road, Pavangad, Kozhikode.
REVISION PETITION NO.29/11M/s Premier Automobiles Ltd., Repd. by its Manager - Legal, H G Samanth, S/o Gajanan, : REVISION PETITIONER Old Mumbai-Pune highway, Chinchwad, Pune-411 019.
(By Adv:Sri.Narayan.R) Vs.
1. P.C.Moideen, S/o Abubacker, Pudukkumchalil House, Neeleswaram amsam, Vennakodu Desam, Neeleswaram Post, Koduvally, Kozhikode District.
: RESPONDENTS
2. M/s Sun Marine Automobiles, Nandanam Complex, Kannur Road, Pavangad, Kozhikode.
REVISION PETITION NO.30/11M/s Premier Automobiles Ltd., Repd. by its Manager - Legal, H G Samanth, S/o Gajanan, : REVISION PETITIONER Old Mumbai-Pune highway, Chinchwad, Pune-411 019.
(By Adv:Sri.Narayan.R) Vs.
1. Habeebu Rahiman.K.A, S/o Abubacker Haji, Kavungal Areekat House, Nediyiruppu Colony Road, Kondotty Post, Malappuram District. : RESPONDENTS
2. M/s Sun Marine Automobiles, Nandanam Complex, Kannur Road, Pavangad, Kozhikode.
REVISION PETITION NO.31/11M/s Premier Automobiles Ltd., Repd. by its Manager - Legal, H G Samanth, S/o Gajanan, : REVISION PETITIONER Old Mumbai-Pune highway, Chinchwad, Pune-411 019.
(By Adv:Sri.Narayan.R) Vs.
1. Abdul Latheef.M, Palliyali house, Kodangad, Kondotty Post, Malappuram District. : RESPONDENTS
2. M/s Sun Marine Automobiles, Nandanam Complex, Kannur Road, Pavangad, Kozhikode.
JUDGMENT JUSTICE 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 also pointed out that there is no expert report in the matter.
3. We find that the interim order is in the nature of a final order and is also not a speaking order. In the circumstances the orders of the Forum in the above matters are set aside. The Forum is directed to dispose of the matter on merits at the earliest after permitting both sides to adduce the required evidence. The Forum will issue notice to the complainants. The matter stands posted before the Forum on 23/6/2011.
Office will forward a copy of this order to the Forum.
JUSTICE K.R. UDAYABHANU: PRESIDENT S. CHANDRAMOHAN NAIR : MEMBER VL.
[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT