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2010 Supreme(Ker) 207

ANTONY DOMINIC
Beena Kannan, Proprietrix , M/s. Seematti Textiles – Appellant
Versus
K. J. Mathew – Respondent


Advocates appeared:
For the Petitioner:K.P. Dandapani (SR.), Millu Dandapani, Advocates. For the Respondent: ---

Judgment :

1. In this writ petition, by order dated 12/03/2010 notice was ordered to be served on the respondent by special messenger. Accordingly, notice specifying 17/03/2010 as the date of hearing, was served on him. However, when the case was taken up on 17/03/2010, there was no appearance on behalf of the respondent, and therefore, the case was adjourned to today and today also, there is no appearance on his behalf. Therefore, the writ petition was heard finally.

2. Briefly stated the facts of the case are that the respondent filed CC No.11/2010 before the Consumer Disputes Redressal Forum, Ernakulam (hereinafter referred to as CDRF for short) complaining that the petitioner herein is collecting Rs.500/- each as parking fees from the customers, who park their vehicles in the car parking area of her shop, Seematti Textiles, Ernakulam. It is also alleged that the amount collected is not refunded to those do not buy goods from her shop. According to the respondent, this practice is a Restrictive Trade Practice and Unfair Trade Practice as defined in the Consumer Protection Act, 1986. In the complaint, the respondent herein sought directions to the petitioner, to refund Rs.500/- c












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