Kerala

StateCommission

RP/14/60

M/S HONDA MOTOR CYCLES AND SCOOTER PVT LTD - Complainant(s)

Versus

ABDUL NAZIR - Opp.Party(s)

S REGHUKUMAR

24 Nov 2014

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION.60/14

 

ORDER  DATED: 25.11.2014

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V JOSE                                                           : MEMBER

 

M/s Honda Motorcycle & Scooter India Pvt. Ltd.,

Plot No.1, Sector 3,                       

IMT Manesar, Gurgaon,                                                    : PETITIONER

Haryana-122 050.

 

(By Adv: Sri.Shyam Padman)

 

            Vs.

 

1. Abdul Nazir, S/o Hamza,

Edappattu House,

Vaducanchal Post,

Sulthan Bathery Taluk,

Wayanadu-673 121.

                                                                                                : RESPONDENTS

1. KTC Motors, (Honda Exclusive Authorised Dealer),

Sree ayyappan Complex,

Kalpetta Post, Wayanad-673 121.

 

ORDER

JUSTICE SHRI.P.Q. BARKATH ALI : PRESIDENT

 

This is a revision petition filed by the first opposite party in CC.173/12 on the file of CDRF, Wayanade, Kalpetta against the order of the Forum refusing to receive the version filed by the revision petitioner on March 29, 2014 on the ground that the revision petitioner has already been set exparte by the Forum.

2.      Opposite parties 1 and 2 were set exparte by the Forum.  Second opposite party filed Revision Petition.356/13 before this Commission and this Commission by order dated, September 13, 2013 set aside that order and remanded the matter to the Forum for fresh consideration.  According to the revision petitioner Forum refused to accept the version of revision petitioner/first opposite party.  In the light of the said order in the Revision Petition.356/13 dated, 13/09/2013 this revision petition is also allowed.  The impugned order of the Forum setting the first opposite party exparte dated, February 29, 2013 is set aside.  The Forum is directed to accept the version filed by the first opposite party and proceed with complaint accordance with law.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

V.V JOSE  : MEMBER

VL.