KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO.593/2005
JUDGMENT DATED:09-11-2010
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU :PRESIDENT
SHRI.S. CHANDRAMOHAN NAIR : MEMBER
Rubber Point, Market Road,
Thodupuzha, R/by its
Managing Partner Shaji Joseph, : APPELLANT
S/o Iype Varghese,
Kochukudiyil house, East Kalloor.P.O,
Thodupuzha.
(By Adv.Sri.K.Satheesh Kumar)
Vs.
1. Babu George,
Puthenpurayil House,
Muthalakodam.P.O,
Karikode Village, Thodupuzha Thaluk.
2. Baby Joseph,
Puthenpurayil House,
Muthalakodam.P.O,
Karikode Village, Thodupuzha Thaluk.
3. Molly Mathew
Puthenpurayil House,
Muthalakodam.P.O,
Karikode Village, Thodupuzha Thaluk. : RESPONDENTS
(By Adv.Sri.Jomon J Maliekal)
4. The Manager Industrial ‘H’ Packers,
No.259/1 P.K.M. Lane, Athipet-
Village Ambattur, Chennai 600 058.
5. M/s Delta Traders, Kasaba, Nenmara Road,
Chittalanchery, Palakkad 678 704.
JUDGMENT
JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT
The appellant is the 3rd opposite party in OP.183/04 in the file of CDRF, Idukki. The opposite parties are under orders to pay a sum of Rs.46,500/- as compensation and Rs.3000/- as cost.
2. Opposite parties 1 and 2 had filed A.564/05 with the 3rd opposite party, the appellant herein is the 4th respondent. The matter has been disposed of vide judgment dated:30/11/2009. This Commission as per the above dated order allowed the appeal in part and reduced the amount to be paid to Rs.29,351/- with 9% interest from the date of the order of the Forum and Rs.3,000/- as cost.
3. It is submitted by the counsel for the appellant that the appellant omitted to take notice of the existence of A.564/05. We find that the appellant herein were served with notice in A.564/05. The matters in dispute have already been adjudicated in A.564/05. Hence we find there is no scope for further adjudicating the matter in the present appeal. Hence Appeal.593/05 is dismissed.
JUSTICE K.R. UDAYABHANU:PRESIDENT
VL.
S. CHANDRAMOHAN NAIR: MEMBER
