KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM IA. 374/09 IN A.181/09 ORDER DATED 30.11.2009 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT M.S..Mohankumar, Proprietor, S.M.Travels, -- PETITIONER Thriveni Complex, J.B.Road, Kottayam. (By Adv.Emmanuel Chathenchira) Vs. Biju John, Pallikkunnel House, -- RESPONDENT Chingavanam, Kottayam. ORDER JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The delay in filing the appeal sought to be condoned is of 4 years 7 months and 23 days. It is the contention that the petitioner came to know of the case only when the execution proceedings were initiated. 2. I find that as per the order of the Forum, it is mentioned that the petitioner/opposite party was set exparte as he failed to enter appearance after intimation was given. The order is a considered one. The amount ordered to be paid is Rs.5,000/- as compensation and to return Rs.3,850/- to the petitioner as cost of Rs.500/-. No interest has also been ordered to be paid. The matter related to the deficiency in service on the part of the petitioner/opposite party. As the petitioner /travel agency failed to provide a bus in proper condition for the complainants for attending a convention of the community at Nemom, Thiruvananthapuram. The bus started from Chingavanam and had break down on the way. 3. It is mentioned in the order of the Forum that the notice addressed to the opposite party returned unclaimed and was set exparte. In the circumstances and considering the fact that the appeal sought to be filed is after 4 ½ years. I find that the petition is devoid of merit. The petition is dismissed and the appeal is also dismissed. JUSTICE K.R.UDAYABHANU -- PRESIDENT | 
