Kerala

Kozhikode

CC/08/190

ABDUL NASIR K T &OTHERS - Complainant(s)

Versus

ADVO.A K ABDUL RAZAK - Opp.Party(s)

12 Nov 2008

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. CC/08/190

ABDUL NASIR K T &OTHERS
...........Appellant(s)

Vs.

ADVO.A K ABDUL RAZAK
...........Respondent(s)


BEFORE:
1. G YADUNADHAN2. JAYASREE KALLAT3. K.V.SREENIVASAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By G. Yadunadhan, President: The case of the complainants are that they entrusted some documents to the opposite party during the month of June 2003, for filing an electricity O.P. to get enhance the claim already availed. All the complainants also entrusted Rs.200/-each and signed in the vakalath separately. Opposite party advised to the complainants that he would send letter or make telephone calls to them if there presence is necessary. But unfortunately, up to 2005, no intimation was given to the complainants. Hence, when they enquired about the position of the case, opposite party gave some O.P.Nos. to them. Believing this, they waited till 2007. During 2007, one of the complainants went to the District Court and enquired about their case. That time only complainants came to know about the fact that opposite party never filed the petition before the District Court as electricity O.P. Hence complainants seeking compensation of Rs.5,00,000/- for the deficiency in service on the part of the opposite party. Forum sent notice to the opposite party. But the opposite party refused to accept the notice and hence the postal authorities returned the notice as ‘unclaimed’. Again on 9.7.2008, another notice was issued to the opposite party. Even though opposite party received this notice, he failed to appear before the Forum. On 25.8.2008, opposite party called absent and set exparte. Complainants filed affidavit. One of the complainants, namely, Sri Abdul Nasar was examined as PW1 and Exts. A1 to A3 were marked on the side of the complainants. From the affidavit and Exts. A1 to A3 complainants’ case is proved. In the result, petition is allowed and the opposite party is directed to repay a total amount of Rs.2400/-, collected from the complainants and a compensation of Rs.1000/- to each petitioner. Pronounced in open Court this the 12th November 2008. Sd/-President Sd/- Member APPENDIX Documents exhibited for the complainants: A1 Photocopy of the notice issued to the opposite party. A2 Postal acknowledgement card. A3 Receipt of registered letter issued by the postal authorities. Documents exhibited for the Opposite party: Nil. -/True copy/- Sd/-President (Forwarded/By Order) Senior Superintendent.




......................G YADUNADHAN
......................JAYASREE KALLAT
......................K.V.SREENIVASAN