KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL:102/2009 JUDGMENT DATED:23..5..2009 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER M/S Kulathunkal Electronics, Kulathunkal Buildings, Near AyurvedaCollege Junction, MG Road, Trivandrum, Repd. by its Managing Partner Mrs.Asha Azad, : APPELLANT W/o Azad Harry, Flat No:B, Summer Breeze, Kuravankonam, Trivandrum. (By Adv: Sri.Nair Ajaykrishnan) V. A. Shahul Hameed, S/o P.Abubacker, TC.8/1311, Valiyavila, Thirumala, : RESPONDENT Trivandrum. (Legal heir/successor to the Original Complainant deceased P.Abubacker, Shaji Stores, Valiyavila, Thirumala, Trivandrum.) (By Adv:Sri. K.Satheeshkumar) JUDGMENT JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT It is admitted by the counsel for the respondent who is the son of the complainant and who is not a party to the original proceedings that the original complainant died in 2004; on 8..11..2004. The order is pronounced on 29..3..2008. In the circumstances the order of the Forum with the dead person in the party array has no legal validity. In the circumstances the order of the Forum is setaside and the appeal is allowed subject to the right of the legal heirs of the deceased to invoke the jurisdiction of the Forum to setaside abatement and got impleaded. Appeal is disposed as above. JUSTICE K.R.UDAYABHANU: PRESIDENT VALSALA SARANGADHARAN: MEMBER VL.
......................JUSTICE SHRI.K.R.UDAYABHANU ......................SMT.VALSALA SARNGADHARAN | |