KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIURVANANTHAPURAM
FIRST APPEAL 654/2011
JUDGMENT DATED: 24..2..12
PRESENT
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
Manager, : APPELLANT
Shriram Transport Finance Co.Ltd,
Kottayam.
(By Adv.Narayan.R)
Vs.
1. Abdul Kareem,S/o Abdul Khader, : RESPONDENTS
Edathara House,
Near Puhtyadheen Juma Masjid,
Punjavayal.P.O.,
Kottayam.
2. Anupam Finance (India) Ltd.,
Rep.by its Managing Director
9, Kandappamudali Street,
Elephant Gate, Chennai.
3. Branhc Manager,
Anupam Finance (India) Ltd.,
Near Travancore Cement Junction,
Nattakom.P.O., Kottayam.
JUDGMENT
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
The appellant is the 3rd opposite party in CC.161/10 in the file of CDRF, Kottayam. The opposite parties including the appellant are under orders to return the vehicle documents, duplicate key and un used cheque leaves to the complainant and also to pay Rs.5000/- as compensation and Rs.1000/- as costs.
2. It is the case of the appellant that appellant has only refinanced the finance agreements made by opposite parties 1 and 2 another finance company and hence the appellant is not in possession of the documents etc. The 3rd opposite party/appellant was ex-parte before the Forum. The appellant has sought for an opportunity to contest the matter. In the circumstance the order of the Forum is set aside on condition that the appellant pay a sum of Rs.3000/- towards cost to the complainant or deposit the same before the Forum which can be withdrawn by the complainant.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 3rd opposite party to contest the matter and disposed of the case on merits.
6. The case stands posted before the Forum on 30..3..2012.
Office will forward the copy of this order to the Forum.
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
ps
