KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUDTHIRUVANANTHAPURAM APPEAL NO.418/10 JUDGMENT DATED 27.9.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.S.CHANDRAMOHAN NAIR -- MEMBER 1. The Managing Trustee, Deepastambham Project, LIS (Regd) Administrative Office, Palackal Court, MG Road, Ernakulam – 35. 2. Deepastambham Project, -- APPELLANT LIS (Regd) Administrative Office, Palackal Court, MG Road, Ernakulam – 35. reptd. by its 3. Managing Trustee. The Manager, LID (Regd) Sanjoe Tower,Opp. KSRTC Palakkad. (By Adv.Bimal V.S.) Vs. Krishna Mohan, S/0 Kesavan Nair, Krishna Devam, Haritha nagar, West Yakkara, -- RESPONDENT Palakkad. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellants are the opposite parties in CC.174/09 in the file of CDRF, Palakkad. The appellants are under orders to pay a sum of Rs.1,80,000/- with 12% interest and Rs.1000/- as costs. 2. The opposite parties have not filed any version or adduced any evidence. The complainant has filed proof affidavit and marked Exts. A1 and A2. 3. It is the contention of the appellants/opposite parties that the matter was settled and the complainant was given Rs.70,000/- as he wanted back the amount prematurely and that he was satisfied with the above payment. 4. There is no representation for the respondent/complainant. 5. In the circumstances, and in view of the fact that the order is not a considered one. The same is set aside on condition that the appellant/opposite parties pay a sum of Rs.3500/- to the complainant towards costs or deposit the same before the Forum which can be withdrawn by the complainant. 6. The Forum will issue notice to the complainant and dispose of the matter on merits. 7. The case stands posted before the Forum on 7.12.010. The office will forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT S.CHANDRAMOHAN NAIR -- MEMBER S/L |