KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 89/2011

 JUDGMENT DATED:21-02-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

1.      Manager, Indus Motors Co. Pvt. Ltd.,

Cordial Towers, Pattom,

Kesavadasapuram, Main Road,

Near S.T.Mary’s School,

Thiruvananthapuram, Kerala.

                                                                   : APPELLANTS

2.      Manager,

Indus Motors Co.,

Pallimukku, Kollam, Kerala.

(By Adv.Sri.P.K.Aboobacker)

          Vs.

A.   Sirajudeen,

Athira, Sarathy Junction,                           : RESPONDENT

Karicodu, Kollam.

                                            JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the opposite parties in CC.305/2008 in the file of CDRF, Kollam.  The appellants are under orders to pay a sum of Rs.90,553/- as compensation and cost of Rs.1500/-.  The matter is with respect to the delay in the delivery of vehicle and the consequent loss suffered by the complainant on account of enhancement of the cost of the vehicle etc.

2.      The opposite party/appellant was exparte before the Forum.  The counsel for the appellant has pointed out that the order is not a considered one and that it was on account of  the lapse of the counsel who was entrusted that the opposite party happened to be exparte. 

3.      The evidence adduced consisted of the testimony of PW1 and Exts.P1 to P8.

4.      We find that the order is not a considered order.  In the circumstances the order of the Forum is set aside on condition that the appellant pay a sum of Rs.7500/-towards cost to the complainant.

In the result the order of the Forum is set aside and the appeal is allowed on condition that the opposite parties pay a sum of Rs.7500/- to the complainant or deposit the same before the Forum which can be withdrawn by the complainant. On payment of cost the Forum will permit the opposite parties to contest the case.  The Forum will dispose of the same on merits. The case stands posted before the Forum on 4/4/2011.

Office will forward a copy of this order to the forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

VL.