KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHAPURAM

FIRSAT APPEAL.14/09

JUDGMENT DATED: 9.7.09

PRESENT

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SRI.M.K.ABDULLA SONA                             : MEMBER

A.Abubacker, S/o Abdul Rahman,                          :APPELLANT

Water Tank Road, Agasteeswaram Taluk,

Nagercoil, Kanyakumari District,

Tamil Nadu.

(By Adv.Narayan.R)

                  Vs.

1. M/s Prince Petroleums, BPOL Dealer,                   :RESPONDENTS

    Kottamam, Parasuvaikal,

    Parasalai.P.O., Trivandrum District.

2. Regional Manager,

    M/s Bharat Petroleums,

    Renganathan Gardens, Anna Nagar,

    Chennai,

3.  Territorial Manager,

     M/s Bharat Petroleums,

     Petroleum Divison, Goodshed Road,

     Near High Court of Kerala, Ernakulam.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

          The appellant is the complainant in CC.177/07 in the file of CDRF, Thiruvananthapuram..  The complaint stands dismissed for default.

2. The matter related to the complaint filed by the complainant seeking a sum of Rs.100,000/- is as the engine of his Maruti Swift car  got damaged as the petrol filled in at the 1^st opposite party’s petrol bunk contained water.

3. It is submitted that he was held up in traffic and that he residing at Nagercoil, and hence could not attend the Forum on the posting date.  Opposite party appeared and opposed request for getting the matter remitted.

4. Considering the fact that the matter stands disposed of by an order  which is not a considered one we find that it would be only just to provide an opportunity to the complainant to substantiate his case.  In the circumstances the order of the Forum is set aside on condition that the complainant pay a sum of Rs.3000/- to the respondent/opposite party towards cost within two weeks from today and file memo. On payment of the cost  the order of the Forum will stand set aside.  Forum is directed to permit the parties  to adduce evidence and dispose of the matter on merits.  The case will stand posted before the Forum on 20/8/09.

Office is directed to forward the copy of this order to the Forum urgently.

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SRI.M.K.ABDULLA SONA                     : MEMBER