Summary of the Case file against Nanayakkara Enterprises at Galle High Court

Summary of the Case file against Nanayakkara Enterprises at Galle High Court

This Case was Filed by Consumer Affairs Authority against Nanayakkara Enterprises after conducting an investigation in terms of section 13(3) of the act regarding a complaint lodged by a consumer to consumer Affairs Authority regarding the defects of an electric bicycle imported and sold by it within the guarantee period and Consumer Affairs Authority Ordered the said businessman to return money afforded by the Consumer to purchase the bicycle.
Since the said businessman has neglected to follow that order, a request was made to Galle Magistrate court to implement the said order as the same in terms of the section 13(6).
Magistrate Court made an order to file a charge sheet stating that a case should be filed at magistrate court to take in to trial in brief.
In consideration of the above, Consumer Affairs Authority Lodged a petition at to Galle High Court against that judgment. It is because Consumer Affairs Authority explained to the court that at the moment there are no provisions at to file a charge sheet at Magistrate court and Magistrate court should implement the order given by Consumer Affairs Authority.
After making statements of both parties Galle Magistrate Court made an order on 05.11.2015 that since the power of magistrate court when presenting this type of request is only to levy the amount to be paid to the consumer by businessman as a fine, the learned magistrate was ordered to implement the order issued partial to the parties prejudiced by Consumer Affairs Authority nullifying the order declared by the learned magistrate on 27.03.2014.
Accordingly, the revised application submitted by Consumer Affairs Authority Subject to a fee of Rs. 2,500/-