Sri. P. Satheesh Chandran Nair (President):

                   The complainant filed this petition against the opposite parties for settling the account between the complainant and the opposite party,  restrain the opposite party from taking possession of the vehicle forcible, allowing instalment for the loan availed by the complainant and for damage, cost and compensation.  The opposite parties appeared before this Forum and filed their version.  This Forum posted this case for evidence of the complainant on 07.12.2015 and for want of time cross-examination is adjourned but on 12.12.2015, 21.02.2015, 11.01.2016, and on 27.01.2016 the complainant not present before the Forum for facing the cross-examination.  At last on 27.01.2016 this Forum issued notice to the complainant for appearance and the complainant appeared on 08.02.2016 before the Forum in pursuance of the said notice.  On that date, the counsel appearing for the opposite party again seek time for cross and it is adjourned as last chance.  On subsequent posting date, i.e. on 25.02.2016 the complainant was absent and the complainant’s counsel represented for him and allowed the complainant to appear on the next posting day for facing cross-examination, i.e. on 15.03.2016.  On that date, the complainant called absent but 1^st and 2^nd opposite party’s counsel was ready for cross-examination.  On that date, this Forum again decided to issue notice to the complainant for appearance on 28.03.2016.  Even though, the complainant received the notice on 23.03.2016 but he failed to appear on 28.03.2016 even in the light of the said notice.  On that date, also the counsel for 1^st and 2^nd opposite parties was present before the Forum and case posted for orders on 31.03.2016.

                   2. For the above stated facts and circumstances of this case, we find that it is the duty of the complainant to appear before the Forum and face the cross-examination of 1^st and 2^nd opposite party.  Even though coercive and reasonable steps has been taken by this Forum and time also granted, the complainant deliberately and purposefully evaded the process of this Forum.  Hence we decided to invoke Sec.13 Sub Clause (iii) of C.P. Act 1986 in this case.  The sub section says, “Whether the complainant fails to appear on the date of hearing before the District Forum, the Dist. Forum may either dismiss the complaint for default or decide it on merits”.  Therefore, we pass the following orders:

                   3.  In the result,

1. The complaint filed by the complainant is hereby dismissed for default.
2. The Order in I.A.No.83/2014 stands vacated.  No order of cost.

                      Declared in the Open Forum on this the 31^st day of March, 2016.        

                                                                                            (Sd/-)

                                                                          P. Satheesh Chandran Nair,

                                                                                       (President)

Smt. K.P. Padmasree (Member – I)           :       (Sd/-)

Smt. Sheela Jacob (Member – II)              :       (Sd/-)

Appendix – Nil.

                                                                                            (By Order)

Copy to:- (1) Renjith Mathew, Thayyil House, Railway Station. P.O.,

                    Thiruvalla – 689 911, Pathanamthitta Dist.

               (2) Mahindra & Mahindra Financial Services Ltd.

          Gateway Building,  Appollo Bunder,

          Mumbai – 400 001.

               (3) Anish Kumar, Branch Manager,

                    Mahindra & Mahindra Financial Services Ltd.

          Branch Office, Chandrima Building,

          Near Cross Junction, Thiruvalla,

               (4) The Stock File.