KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL.591/2002
JUDGMENT DATED: 19.10.2007
PRESENT
SRI.M.V.VISWANATHAN : JUDICIAL MEMBER
SMT.VALSALA SARANGADHARAN : MEMBER
Francis Bernard,
Parade Road, Fort Kochi,
Kochi-682 001. : Appellant
(M/s H.B.Shenoy)
1. Casino Hotel represented by its
General Manager, Willingdon Island,
Kochi-682 003.
(By Adv.Joseph Markos, Counsel for R1)
2. Qatar Airways represented by its
Area Manager-South India,
Geethanjali Building,
T.C.15/1897, Vazhuthacadu,
Thiruvananthapuram – 695 014.
(By Adv.Eugine Fernandez, Counsel for R2)
JUDGMENT
SRI.M.V.VISWANATHAN: JUDICIAL MEMBER
Heard the counsel for the appellant and the respondent 1 and 2.
2. The present appeal is preferred from the order dated 14.12.01 of the C.D.R.F, Ernakulam in OP.No.1131/2000. The appellant is the complainant before the lower forum namely CDRF, Ernakulam. The respondents were the opposite parties in the said complaint in OP.1131/2000. The lower forum dismissed the aforesaid complaint on the ground of non-prosecution. It is true that the complainant was absent. But the complainant was represented by his counsel. It is to be noted that the counsel for the complainant requested for adjournment on the ground that the appellant was not available in station and that he was at Bombay in connection with his business. The lower forum did not consider the fact that the complainant had produced 8 documents along with his complaint. The lower forum has not considered those documents produced from the side of the complainant. The lower forum did not give the complainant sufficient opportunity for prosecuting the complaint preferred by him. The facts and circumstances would show that there is a presentable and arguable case for the appellant/complainant. The counsel for the 2nd respondent expressed her willingness for remanding the matter to the lower forum for fresh disposal of the same on merits. Anyhow, there occurred some negligence on the part of the appellant/complainant in prosecuting his complaint in OP.1131/2000. So, this matter can only be remanded to the lower forum for fresh disposal of the same on payment of cost of Rs.500 to the Legal Aid Fund of this State Commission. No substantiate prejudice or hardship will be caused to the opposite parties by remitting the matter to the lower forum for fresh disposal on merits.
In the result the appeal is allowed on condition that the appellant remits Rs.500/- to the Legal Aid Fund of this State Commission. In the event of remittance of the aforesaid amount of Rs.500/- the impugned order dated 14.12.2001 passed by the lower forum in
