State Consumer Disputes Redressal Commission
M/S Skode Auto India Pvt.Ltd., vs P.C.Faris, S/O P.C.Faizal, on 27 May, 2010
Daily Order Revision Petition No. RP/10/1 (Arisen out of order dated 28/12/2009 of Case No. CC 529/09 of District Kozhikode)
1. Skoda Auto India Pvt. Ltd.
Plot No. A1/1, Shehtra, 5Star Industrial Area, Aurangabad-431201 ....Appellant Versus
1. P.C.Faris Anjilas, Puthiyangadi.P.O, Pavangad, Kozhikkode ....Respondent BEFORE :
HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU , PRESIDENT SRI.M.K.ABDULLA SONA , Member PRESENT:
None for the Petitioner None for the Respondent *JUDGEMENT/ORDER KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM REVISION PETITION 01/2010 in IA.NO.281/09 IN CC.529/09 ORDER DATED: 27.5.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER
1. M/s Skode Auto India Pvt.Ltd., : REVISION PETITIONERS Plot No.A1/1,Shehtra, 5 Star Industrial Area, Aaurangabad - 431201.
2. M/s Marikar Engineers Pvt. Ltd., Kannur Road, Puthiyangadi, Calicut - 673 021.
(By Adv.G.S.Kalkura) Vs. P.C.Faris, S/o P.C.Faizal, : RESPONDENT Residing at Anjilas, P .O.Puthiyangadi, Pavangad, Kozhikode - 673021. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
Revision petitioners are the opposite parties in IA.281/09 in CC529/09 in the file of CDRF, Kozhikode. Revision petitioners are under orders to release the vehicle after rectifying all the defects and the complainant remitting 1/3rd of the demanded bill amount.
2. It is pointed out by the counsel for the revision petitioners that the order was pronounced ex parte before the revision petitioners entered appearance before the Forum. The counsel for the revision petitioners produced the letter alleged to have been given to the complainant dated 12.1.2010 mentioning that the repair cost come to Rs.62500/- and that as a good will measure they are reducing 50% of the sum and has requested to remit the balance. The amount of the above bill was challenged in the Forum by filing the complaint. It is pointed out that it is 1/3rd of the bill amount that has been remitted by the complainant and got the vehicle released. Revision petitioner has sought for an order directing the complainant to deposit balance 2/3rd of bill amount of Rs.28000/-. It is pointed out that in the event of dismissal of the complaint revision petitioner will be helpless to realize the bill amount. The above was opposed by the counsel for the respondent. We find that the difficulty raised by the opposite parties/ revision petitioners appears to be genuine. In the circumstances the complainant is directed to remit or furnish security for the above amount ie, 2/3rd of the bill amount, before the Forum.
Revision petition is disposed of as above.
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SRI.M.K.ABDULLA SONA : MEMBER
ps
Pronounced
Dated the 27 May 2010
[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT [ SRI.M.K.ABDULLA SONA] Member