Kerala

StateCommission

A/09/269

Suresh - Complainant(s)

Versus

A.B.Viswambharan - Opp.Party(s)

Dani J Paul

24 Sep 2009

ORDER

First Appeal No. A/09/269
(Arisen out of Order Dated 25/08/2008 in Case No. CC 207/08 of District Trissur)
1. SureshKerala ...........Appellant(s)

Versus
1. A.B.ViswambharanKerala ...........Respondent(s)

BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

 

APPEAL NO 269/09

JUDGMENT DATED:24.9.09

Appeal filed against the order passed by CDRF, Thrissur, in CC.207/08

PRESENT

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SRI.M.K.ABDULLA SONA                             : MEMBER

Suresh,                                               : APPELLANT

S/o Kunjappu,

Kochipparambath House,

Perinjanam Post,

Perinjanam Desom,

Perinjanam village,

Kodungallur Taluk,

Thrissur.

(By Adv.Martin Paul)

 

    vs.

 

A.B.Viswambaran,                              : RESPOPNDENT

S/o Balan, Anakkaththil House,

Kallettumkara Post,

Mukundapuram Taluk, Thrissur.

(By Adv.Denny.C.J)

 

JUDGMENT

 

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

 

 

The appellant is the opposite party Chit Fund that has sought for setting aside  the order in CC.207/08 in the file of CDRF, Thrissur. The appellant was exparte in the proceedings before the  Forum . 

2. We find that order is not a considered one. In the circumstances the order of the Forum is set aside on condition that the appellant pay  a sum of Rs.2500/- to the complainant towards cost or deposit the same before the Forum which can be withdrawn by the complainant.  On payment of cost the Forum shall permit the opposite parties to file version and contest the matter. 

3. The case stands posted  before the Forum on 20.11.09

4. Office is directed to forward the copy of this order to the Forum urgently.

The appellant is directed not to withdraw the amount deposited in this Commission under Section 15 till the disposal of the case in the CDRF.

 

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

 

SRI.M.K.ABDULLA SONA                     : MEMBER

 

 

 

ps

 

 

PRONOUNCED :
Dated : 24 September 2009

[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT