KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

IA.1009/2009 in A.487/09

ORDER DATED: 24.2.2010

PRESENT

JISTICE SRI.K.R.UDAYABHANU    : PRESIDENT

SRI.M.K.ABDULLA SONA                   : MEMBER

George Kuruvilla,                                  : PETITIONER

Managing Director,

M/s Integrated Finance Co.Ltd.,

VAIRAMS,

112, Thyagaraya Road,

T.Nagar, Chennai-600017.

(By Adv.S.Reghukumar)

                    vs.

Mohan Paul,                                                 : RESPONDENT

Proprietor,

Jose Theatre,

Thrissur.

(By Adv.G.S.Kalkura)

ORDER

JISTICE SRI.K.R.UDAYABHANU    : PRESIDENT

Delay sought to be condoned is of 7 months and 28 days. In the affidavit filed in support of the petition by the power of attorney holder of the petitioner it is mentioned that due  to  the inadvertent omission  the notice of posting of the EA was misplaced.

2. The respondent/complainant has filed objection denying the genuineness of the case set up by the petitioner and contending that the petitioner is only attempting to  protract the matter.

We find that the execution is with respect to the realisaiton of the amounts deposited in the petitioner/company.  We find misplacing of the records is not a sufficient reason.  The  deposits are of the year 2000. We find that the petitioner did not establish sufficient reason to condone the delay.  In the result the IA is dismissed and consequently the appeal is also dismissed.

JISTICE SRI.K.R.UDAYABHANU    : PRESIDENT

SRI.M.K.ABDULLA SONA           : MEMBER

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