Kerala

StateCommission

A/08/22

Nelson Daniel - Complainant(s)

Versus

M.Venugopal - Opp.Party(s)

Nanda Kumar

27 Jul 2009

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. A/08/22

Nelson Daniel 		...........Appellant(s)

Vs.

M.Venugopal
George Mohan		 ...........Respondent(s)


BEFORE:
1. JUSTICE SHRI.K.R.UDAYABHANU 2. SRI.M.K.ABDULLA SONA

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
                    VAZHUTHACADU THIRUVANANTHAPURAM
 
           APPEAL:22/2008
 
                             JUDGMENT DATED.27..7..2009
 
PRESENT
 
JUSTICE SHRI.K.R.UDAYABHANU                   : PRESIDENT
 
SRI.M.K. ABDULLA SONA                                 :  MEMBER
 
Nelson Daniel, S/o Daniel,
Pulikkathara House,                                               : APPELLANT
Ayyappankavu, Kochin-18.
 
(By Adv: M/s Nandakumar.K & Joshy Thomas)
 
          V.
1.Mr.M.Venugopal,
 Praveetha, Angadipuram.P.O,
 PIN – 679 321.
                                                                             : RESPONDENTS
2.Mr. George Mohan,
 S/o Late Mathew Valluvammal,
P.O.Kannamali, Kochi-682 008.
 
                                    JUDGMENT
 
JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT
 
Appellant is the 3rd opposite party in OP:5/01 in the file of CDRF, Malappuram. The appellant along with the 2nd opposite party has been ordered to pay a sum of Rs.19,750/- together with interest at 12% from the date of complaint and cost of Rs.2000/- to the complainant.
2. The order is not a considered order. The appellant was exparte. The appellant in 2001 itself has filed a petition to set aside the exparte order. The above petition has been disposed of only on 4..1..2008 dismissing the same. It is thereafter the appellant has filed the present appeal.
3.  It is the case of the appellant that he was only an employee of the 2nd opposite party who was running a proprietary concern and is abscounting. The case of the complainant is that he had deposited a sum of Rs.5000/- with the opposite parties on assurance that on maturity a sum of Rs.19,750/- will be paid back after 5 years of deposit.
4. In view of the fact that the order is not a considered one at all and also considering the stakes involved we are inclined to set aside the order of the Forum on the appellant/3rd opposite party depositing a sum of Rs.4000/- before the Forum within two months from today. The amount can be withdrawn from the complainant.  On deposit of the amount the Forum will permit the appellant to enter appearance ad contest the case. The Forum will dispose of the matter within 6 months from the date of taking into file to the matter. The case stands posted before the Forum on 16..9..2009.
5. The amount deposited by the appellant before this Commission can be withdrawn by the appellant.
 Office is directed to dispatch the copy of this order to the Forum urgently.
 
                    JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT
 
 
SRI.M.K. ABDULLA SONA: MEMBER
 
 
 
VL.



......................JUSTICE SHRI.K.R.UDAYABHANU
......................SRI.M.K.ABDULLA SONA