Kerala

StateCommission

A/08/147

P.R.Vijayan Pillai - Complainant(s)

Versus

General Manager, - Opp.Party(s)

S.Narayanan Nair

05 Aug 2008

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. A/08/147

P.R.Vijayan Pillai		 ...........Appellant(s)

Vs.

General Manager,
The Branch Manager		 ...........Respondent(s)


BEFORE:
1. JUSTICE SHRI.K.R.UDAYABHANU 2. SMT.VALSALA SARNGADHARAN

Complainant(s)/Appellant(s):
1. P.R.Vijayan Pillai

OppositeParty/Respondent(s):
1. General Manager, 2. The Branch Manager

For the Appellant :
1. S.Narayanan Nair

For the Respondent :
1. 2.



ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
                    VAZHUTHACADU THIRUVANANTHAPURAM
 
           APPEAL:147/2008
 
                             JUDGMENT DATED.5..8..2008
 
(Appeal filed against the order passed by theCDRF,Alappuzha in OP:143/03)
 
PRESENT
 
JUSTICE SHRI.K.R.UDAYABHANU                   : PRESIDENT
 
SMT.VALSALA SARANGADHARAN                : MEMBER
 
P.R.Vijayan Pillai,
Pathiyarathu Padeethathil House,
Kattachira, Pallickal.P.O,                                        : APPELLANT
Kayamkulam (via), Alappuzha.
 
(By Adv:Sri.S.Narayanan Nair)
 
                   V.
1.The General Manager,
 Alappuzha District Co-operative Bank Ltd.,
 Post Box No:104, Alappuzha.
                                                                             : RESPONDENTS
2.The Branch Manager,
 Alappuzha District Co-operative Bank Ltd.,
Kattanam Branch.
 
                                    JUDGMENT
JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT
 
The appellant has sought for setting aside the order of the Forum dismissing the complaint for default and also dismissing the application to review.
2.It is the case of the complainant that he could not prosecute the matter as he was in New Delhi for official duties. It is submitted that the matter relates to the refusal of the opposite party to close the existing loan by remitting the amounts due.
3.The Forum has observed that the complainant is continuously absent and there is no representation. All the same, in view of the fact that the matter has not been considered on merits the order of the Forum is setaside on condition that the petitioner/complainant has to pay to the opposite party a sum of Rs.2000/- towards the cost incurred or remit the same before the Forum which can be withdrawn by the opposite party within one month from today.  On deposit of cost or filing memo or having paid the cost to the opposite party, the Forum will issue notice to the opposite party and dispose of the matter on merits after affording opportunity to both sides to adduce evidence. The matter stands posted before the Forum on 25..9..2008.
The office is directed to transmit the order to the Forum urgently.
 
                   JUSTICE K.R. UDAYABHANU : PRESIDENT
 
                             VALSALA SARANGADHARAN : MEMBER
VL.



......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN