KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM FA.337/08JUDGMENT DATED: 6.4.09 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBERMarikar (Motors) Ltd., : APPELLANT Rep.by Managing Director, P.B.No.533, Karunakaran Nambiar Road, Thrissur. (By Adv.P.Fazil) vs. 1. K.A.Johnson, Kolamkanny House, Nadavarambu.P.O., Irinjalakuda, Thrissur. : RESPONDENTS 2. Hindustan Motors Ltd., Rep. By Chairman, P.O. Hind Motor, District Hooghly, West Bengal. JUDGMENTJUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the 1st opposite party in CC.1000/05 in the file of CDRF, Thrissur. The appellant including the 2nd opposite party is under orders to pay a sum of Rs.3,23,300/- the price of the vehicle and take back the vehicle and also to pay Rs.15000/- as compensation and 2000/- as cost. 2. The opposite parties including 2nd respondent were set exparte. It is submitted that the appellants happened to wrongly note the posting date and the application filed to set aside the ex parte order was dismissed. 3. In view of the fact that the order is not a considered one it is only just to provide an opportunity to the appellant to contest the matter especially in view of the stakes involved. In the circumstance the order of the Forum is set aside on condition that the appellant remit a sum of Rs.2500/- before the Forum with in one month from today towards cost. The above amount can be withdrawn by the complainant. On deposit of the amount the Forum will issue notice to the complainant and permit the parties to adduce further evidence and decide the matter on merits. 4. The matter will stands posted before the Forum on 6.6.09. Office is directed to forward the order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER ps | 
