KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL NO.141/13
JUDGMENT DATED, 03/04/2013
PRESENT:
SMT. A. RADHA : MEMBER
APPELLANT:
E.P. Jacob, S/o. A.C. Paulose,
Edakkara House, Pralayakad,
Thuruty, Perumbavoor,
Ernakulam.
(By Adv: Sri. Alexander Joseph)
Vs
RESPONDENTS:
1. HDFC Chubb General Insurance Company Ltd.
(Rep: by its M.D)
5th Floor, Express Tower, Nariman Point,
Mumbai.
2. The Manager, HDFC Chubb General Insurance Company Ltd.,
Kurisuppally Road, Ravipuram, Ernakulam.
3. Kotak Mahindra Primus Ltd., (Rep: by its M.D)
Thadikkarn Centre, Palarivattom, Ernakulam.
APPEAL NO.141/13
JUDGEMENT DATED, 03/04/2013
SMT. A. RADHA : MEMBER
This appeal arises out of the order dated 14/01/2013 in CC No.138 of 2006 of CDRF, Ernakulam.
2. When this appeal came up for hearing on the question of admission, the counsel for the appellant/complainant submitted that on 14/01/2013 due to traffic block the counsel could not appear before the Forum below in time and to represent the case and the case was dismissed for default. He also submitted that this case was once remanded by this Commission in appeal 819/2006. Both parties appeared and the matter was contesting and at this juncture the case happened to be dismissed for default. There is no wilful default on the part of the appellant’s counsel or the complainant. As the matter was not decided on merits, this Commission finds that it is highly necessary to remand this case to the Forum below for fresh disposal on merits.
In the result, appeal is allowed and remanded back to the Forum below for contesting the matter. The parties are to appear before the Forum below on 3rd May 2013.
A. RADHA : MEMBER
Sa.
KERALA STATE CONSUMER
DISPUTES REDRESSALCOMMISSION
THIRUVANANTHAPURAM
APPEAL NO.141/13
JUDGEMENT DATED, 03/04/2013
sa
