KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 522/2009

JUDGMENT DATED: 10-12-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU                        :PRESIDENT

M/s Oriental Insurance Company Ltd.,

Branch Office, KPN Shopping Complex,

Shornur Road, Thrissur.                                              : APPELLANT

R/by its Divisional Manager,

Divisional Office-1, TVPM.

(By Adv.Sri. Varkala B Ravikumar)

          Vs.

Nishad, S/o Hamsa,

Parambathuvalappil House,

Valiyakunnu, Valanchery,                                             : RESPONDENT

Malappuram Dist.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellant is the opposite party in CC.172/06 in the file of CDRF, Thrissur.  The complaint has been allowed in toto ie to pay Rs.1,95,000/- with interest at 12%.  The appellant/opposite party was set exparte.   The order is not a considered order.  It is submitted that the summons was misplaced in the office of the opposite party.  The restoration petition was filed before the Forum.  It was dismissed noting lack of jurisdiction.  The misplacing summons in the office is not a proper explanation.  The matter is of the year 2006. All the same the order of the Forum is set aside on condition that the appellant/opposite party pays a sum of Rs.7500/- to the complainant towards cost.  On payment of cost, the Forum will permit the opposite party to file version and contest the matter.  The Forum will issue notice to the complainant.  The matter stands posted before the Forum on 24/1/2011.

Office will forward the LCR along with the copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:PRESIDENT

VL.