KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  NO: 48/2010

                              JUDGMENT DATED:18..05..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

The Proprietor,

Pentron Infosystems,

Erayathan Complex, Near Co-operative           : APPELLANT

Hospital, Manjeri Road, Malappuram.

(By Adv:Sri.B.Vasudevan Nair)

                   Vs.

Mohammedali Kolambil,

S/o Hassainar, Kolambil (H),                              : RESPONDENT

K.K.Angadi, P.O,Koottilangadi.

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the opposite party in CC:231/09 in the file of CDRF, Malappuram.  The appellant is under orders to pay a sum of Rs.30,000/- and cost of Rs.1000/-,  The matter was adjudged exparte.

It is the case of the appellant that he was laid up and hence he could not contact the lawyer.

We find that the order is not a considered one.  In the circumstances the order of the Forum is setaside on condition that the appellant/opposite party pay a sum of Rs.8000/- towards cost to the complainant or deposit the same before the Forum, which can be withdrawn by the complainant.  The matter is remitted back to the Forum for fresh disposal after affording opportunity to both sides to adduce evidence.

The matter stands posted for the Forum on 25/6/2010.

The office is directed to forward a copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.