KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NO.451/12

JUDGMENT  DATED : 31/07/2012

PRESENT:

SHRI. M.K. ABDULLA SONA        :  HON. ACTING PRESIDENT

SMT. A. RADHA                             :  MEMBER

Sakheer Karuvattil,

S/o Aboobacker, Vadakkangara,

Mankada – 679 324.                       :  APPELLANT

(By Adv. Arun R.)

Vs

HDFC Bank Ltd. 1^st Floor,

Kalliyath Royal Square,                   :  RESPONDENT

Palace Road, Thrissur – 68001.

JUDGMENT

SHRI.M. K. ABDULLA SONA : HON. ACTING PRESIDENT

            This appeal filed by the appellant with IA No.883/2012 to condone the delay of 13 days in filing the appeal. IA allowed and delay condoned accordingly.

          2.      Heard this appeal in detail, this appeal prefers under the order of the Forum below that return the original registration certificate of the vehicle with registration No. KL10-T-7446 failing which the opposite party to necessary arrangement of the registration certificate in respect of the vehicle No. KL10-T-7446 along with compensation of Rs.5,000/-. The opposite party was absent before the Forum below as set ex-parte. The opposite party did not prefer any appeal from the above impugned order passed by the Forum below. In this appeal the appellant approached this Commission to set aside the impugned order passed by the Forum below dated 4.01.12, CDRF, Malappuram through this appeal.

3.      In the appeal memorandum, the appellant did not mention that whether he received the original registration certificate of the vehicle and compensation of Rs.5,000/- etc. The order passed by the Forum below on 4.01.2012. He came with this delay condonation petition on 12.06.2012. There is no doubt that this appeal is nothing but an experimental. It is a fit case to award compensatory cost to the appellant/complainant for filing frivolous and vexatious appeal. It is liable for passing compensatory cost u/s 26 of the CP Act. But we are not doing so. In the circumstance that he is a consumer complainant.

          In the result, the appeal is dismissed and confirmed the order passed by the Forum below. The appellant/complainant did not adduce any evidence for he sustained hardship and injuries due to the act of the opposite parties. We do so.

M.K. ABDULLA SONA         :  HON. ACTING PRESIDENT

A. RADHA :  MEMBER

Da