KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL NO. 492/2011

JUDGMENT DATED : 17.02.2012

PRESENT:

SHRI.S. CHANDRA MOHAN NAIR             :  MEMBER

SMT. A. RADHA                                                 :   MEMBER

The District Officer,

Ground Water Department, Palakkad               :  APPELLANT

(By Adv. S. Vijayakumaran)

Vs.

K.R. Udayabhanu,
S/o Late P.R. Ramachandran,

Vadakkeveedu,

Thennilappuram Amsam Desom,

Kavassery – 11, Village,

Alathur Taluk, Palakkad.                                     : RESPONDENT

(By Adv. Jagadish Kumar, amicus curiae)

JUDGMENT

SMT. A. RADHA : MEMBER

          This appeal is preferred against the order of CDRF, Palakkad in OP No. 137/10 to pay an amount of Rs.12,000/- as compensation and Rs.1,000/- as cost. The opposite party filed a petition to set aside exparte order which was also dismissed by the Forum below and hence this appeal.

2.      It is submitted by the counsel for the appellant that the OP filed memo of appearance and could not contest the case. The lower Forum disposed the case on merits based on the documents filed by the complainant. The respondent was absent and Adv. Jagadish Kumar, amicus curiae represented the respondent. The counsel submitted that the complainant filed affidavit and documents which were marked as Exts A1 to A7 and the lower Forum passed the order on merits. The counsel also contended that if at all an opportunity is to be given to the appellant/opposite party to contest the matter before the Forum below that may be on payment of costs.

3.      In view of the fact that the order cannot be treated as a considered one we are of the view that an opportunity is to be given to the opposite party/appellant to file version and adduce evidence on payment of Rs.6,500/- as cost to the complainant.

The appeal is allowed. Matter is remitted back to the Forum below.

          The Forum is directed to give an opportunity to the opposite party to file version and adduce evidence on payment of cost of Rs.6,500/- to the complainant.

The office is directed to send back the LCR to the Forum below along with a copy of this order.

A. RADHA   :   MEMBER

S. CHANDRA MOHAN NAIR :  MEMBER

Da.