State Consumer Disputes Redressal Commission
K K George vs Proprietor Sree Ganapathy And Co. on 24 May, 2016
Daily Order KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.607/2014 JUDGMENT DATED 24/5/2016 PRESENT: JUSTICE SHRI. P.Q. BARKATH ALI : PRESIDENT SHRI. V.V. JOSE : MEMBER APPELLANT: K.K. George, S/o Kunjuvareed, Kochakkadan House, Kodakara, Thrissur-680 684. .(By Adv: Unnikrishnan.V ) Vs RESPONDENTS: S.S.A Motors, Kattur Road, Iringalakkuda, Thrissur-680 121. B.S.A Motors (Unit of Tube Investments of India Ltd) Rep: By Managing Director, Ambattur, Chennai-600 058. (By R1 & 2 - Authorised person Sri. Thampi Dhurai) JUDGMENT
JUSTICE SHRI. P.Q. BARKATH ALI : PRESIDENT This is an appeal filed by the complainant in C.C.No.238/13 on the file of CDRF, Thrissur challenging the order of the Forum dated July 10th of 2014 directing the opposite parties to pay Rs.10,000/- as compensation to the complainant and a cost of Rs.1,000/-.
The case of the complaint as detailed the complainant before the Forum in brief is this:
The complainant purchased a BSA Scooter of the 1st opposite party on May 23, 2012. 2nd opposite party is the manufacturer of the Scooter. Within a few months after purchase the Scooter became defective and the first opposite party did not repair the scooter. The 1st opposite party stopped the dealership. Therefore, the complainant filed this complaint claiming compensation.
The 1st opposite party M/s. Ganapathy & Co., Thrissur. The 2nd opposite party BSA Motors represented by Managing Director, Chennai. They remained absent before the Forum. Therefore, the Forum accepted the evidence of the complainant and directed opposite parties to pay Rs.10,000/- as compensation and a cost of Rs.1000/-. The complainant has now come up in appeal claiming enhancement of the compensation.
Before this Commission only the 1st opposite party appeared.
Heard both sides. It is admitted that the scooter is lying idle with the complainant and could not be used. The complainant purchased scooter for Rs.36,500/-. Taking into considering all these facts we feel that a compensation of Rs.25,000/- would be reasonable. The complainant is entitled to a cost of Rs.1000/- as ordered by the Forum and also a cost of Rs.1,000/- in this appeal. On payment of the above amount, the complainant is directed to return the scooter to the 1st opposite party.
JUSTICE P.Q. BARKATH ALI : PRESIDENT
V.V. JOSE : MEMBER
Sa.
KERALA STATE CONSUMER
DISPUTES REDRESSAL
COMMISSION, SISUVIHAR LANE,
VAZHUTHACAUD
THIRUVANANTHAPURAM.
APPEAL NO.607/2014
JUDGMENT DATED 24/5/2016
Sa.