KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NO. 312/2011

JUDGMENT DATED: 20-09-2011

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

Shriram General Insurance Co. Ltd,

E8, EPIP, RIICO Industrial Area,                      : APPELLANT

Sitapura, Jaipur, Rajasthan-302 022.

(By Adv:Sri.Rajan P Kaliyath)

          Vs.

1.      Aneesh P.K,

P.K. Nivas, Kundoor,

Karithalam Post, Nileshwaram Via.

                                                                   : RESPONDENTS

2.      Manager, Shriram Finance,

Kasaragod, (Shriram Transport-

Finance Company Ltd.)

    JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellant is the 1^st opposite party/insurance company in CC.176/10 in the file of CDRF, Kasaragod.  The appellant was exparte before the Forum.  It is the contention of the appellant that the amount claimed was already disbursed to the 2^nd opposite party/financier as per the consent letter produced by the complainant and the same was suppressed by the complainant from the notice of the Forum.  According to the appellant they had applied for setting aside the exparte order and filed version but the matter was disposed of without considering the above.

2.      The complainant/1^st respondent remained absent before this commission.  In the circumstances the order of the Forum is setaside.  The Forum is directed to permit the opposite party/appellant to contest the matter and dispose of the matter afresh.  The case is posted before the Forum on 29.10.2011.  The Forum will issue notice to the complainant and 2^nd opposite party.

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

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.