KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL NO:733/2002 JUDGMENT DATED.7..10..2008 (Appeal filed against the order passed by the CDRF,Kottayam in OP:410/01) PRESENT SHRI. S. CHANDRAMOHAN NAIR : MEMBER Jacob.G.Cheriyan, Medtran Institute of Transcription, ArackalBuilding, Karappuzha, : APPELLANT Kottayam. (By Adv:Sri.Nair Ajay Krishnan) V. K.N.Sudharman, Kottayil House, Edamattom.P.O. : RESPONDENT JUDGMENT SHRI.S. CHANDRAMOHAN NAIR : MEMBER By the order dated:4..1..2002 of the CDRF, Kottayam in OP:410/01, the opposite party is under directions to pay to the complainant Rs.20,000/- with interest at 12% per annum from the date of receipt till the date of payment with cost of Rs.750/- and it is aggrieved by the said directions that the present appeal is filed by the opposite party. 2. The grievances of the petitioner voiced in the complaint are that he is a teacher by profession and that his daughter Shagi got admitted to the institute of the opposite party for undergoing medical transcription course on the assurance that she would get stipend @ of Rs.750/- per month for 4 months. She would have to serve at least for 2 years as per the bond executed by the said Shagi. The complainant’s case is that he was introduced to the opposite party by one Mr.Dinesan and also obtained Rs.800/- from him towards the service charge. The complainant had paid Rs.20,000/- as per receipts dated:27..11..2000 and 21..12..2000. The complainant’s allegations are that the course was not completed and his daughter was not given stipend for the agreed period and that she lost one year and hence the petition was filed praying for appropriate directions by the Forum. 3. Though notice was issued the same was returned unclaimed and hence the opposite party was set exparte. The petitioner was examined as PW1and Exts.A1 to A4 were marked. The Forum on an appreciation of the evidence of the petitioner and the documents produced by him passed the impugned order. 4. The learned counsel for the appellant submitted before us that no notice was received by the opposite party and hence he should be given an opportunity to contest the matter. It is his case that there was no agreement by the opposite party with the complainant to employ her for the coming two years after the course. He has also argued that the complaint is not maintainable as the person who obtained the service of the opposite party did not come forward with a complaint and it is the father who had filed the complaint. He has also argued before us that the complaint was bad for non jointer of necessary parties as Mr.Dinesan who had introduced the complaint to the opposite party was not a party to the complaint. According to the learned counsel the said Dinesan is a necessary party to prove the case of the opposite party also. Thus, he argued for the position that the matter is to be remanded for getting opportunity to the opposite party to contest the matter in accordance with law. 5. On hearing the learned counsel for the appellant and on going through the records of the Forum below we find that the opposite party did not get an opportunity to contest the matter as the notice sent to the opposite party was returned by the postal authorities. The learned counsel would argue that the shop was closed and was transferred to another place and if the cover was redirected to the transferred address he would have received the notice and would have contested the matter. Anyhow it is noted that the opposite party is to be given an opportunity to substantiate his case by filing version and adducing evidence if any. However we feel that the matter can be remanded only on terms. 6. In the result the matter is remitted back to the Forum below for giving opportunity to the opposite party to adduce evidence and contest the matter in accordance with law. The opposite party is also directed to pay Rs.500/- as cost to the complainant. Parties are directed to appear before the Forum on 10..11..2008. Office is instructed to transmit the case records to the Forum below urgently. S. CHANDRAMOHAN NAIR : MEMBER VL.
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