State Consumer Disputes Redressal Commission
R. Vijayachandran vs Enarch Energy Solutions on 9 May, 2014
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/14/177 (Arisen out of Order Dated 01/03/2014 in Case No. cc/28/2014 of District Thiruvananthapuram) 1. r. vijayachandran tc 7/1183(3), koottam villa -270, near maruthamkuzhi, valiyoorkavu p.o, 695013 kerala ...........Appellant(s) Versus 1. enarch energy solutions t.c/33/920/4, valiyoorkavu junction, 695013 2. su kam power systems power ltd corporate office, plot no 54, udyog vihar, phase vi,sec tor 37, gurgaon- 122001 haryana 3. su kam- power system ltd door no 37/449 ...........Respondent(s) BEFORE: HON'ABLE MR. JUSTICE SRI P.Q.BARKATH ALI PRESIDENT SRI. V. V. JOSE MEMBER PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACADU THIRUVANANTHAPURAM
APPEAL NO. 177/14
ORDER DATED:09/05/14
(Appeal filed against the order in CC No. 28/2014 on the file of CDRF, Thiruvananthapuram, dated 01/03/14)
PRESENT
JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT
SHRI.V.V. JOSE : MEMBER
R. Vijayachandran, T.C. 7/1183 (3), Koottamvila - 270, Near Maruthamkuzhi, Vattiyoorkavu.P.O. APPELLANT Thiruvananthapuram - 695013 (By Adv. Sri.V.S. Bhasurendran Nair) V/s.
1. Enarch Energy Solutions, T.C. 33/920/4, Vattiyoorkavu Jn., Thiruvananthapuram - 695013
2. SU - KAM Power Systems Ltd., Corporate Office, Plot No.54, Udyog Vihar, Phase VI, Sector 37, RESPONDENTS Gurgaon - 122001
3. SU - KAM Power Systems Ltd., Dorr No-37/449, Valluvassery House, Next to K.R. Bakers, Kadavanthara Jn., Cochin - 682020 Ernakulam ORDER JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT This is an appeal filed by the complainant in CC 28/14 on the file of CDRF, Trivandrum challenging the order of the Forum dated 01/03/14 dismissing the complaint finding that the same is not maintainable.
2. The complainant filed the complaint before the Forum alleging that for his SSI Unit M/s. Hi-Rel Fabs he purchased a "5 KVA Solar Power System" from the 1st opposite party in January - February, 2013 which has become defective. Opposite parties 2 & 3 are manufacturers at the said unit. Complainant filed the complaint claiming the compensation and price of the unit.
3. The Forum dismissed the complaint at the time of admission itself on the ground that complainant is running the SSI unit which is a profit motive institution. But it is clearly stated in the complaint that the complianant was running the SSI unit for the purpose of earning his livelihood. That being to that complainant is perfectly maintainable.
In the result, appeal is allowed. The findings of the Forum dismissing the complaint is set-aside. We find that the complaint is maintainable. The forum is directed to admit the complaint and proceed in accordance with law. Complainant shall appear before the Forum on 30/06/2014.
JUSTICE P.Q. BARKATH ALI : PRESIDENT V.V. JOSE : MEMBER nb
[HON'ABLE MR. JUSTICE SRI P.Q.BARKATH ALI] PRESIDENT [ SRI. V. V. JOSE] MEMBER