KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 456/2023

JUDGMENT DATED: 24.08.2023

(Against the Order in C.C. 375/2021 of CDRC, Ernakulam)

PRESENT:

SRI. AJITH KUMAR D.                                                    : JUDICIAL MEMBER

SMT. BEENA KUMARY. A                                              : MEMBER

SRI. RADHAKRISHNAN K.R.                                        : MEMBER

APPELLANTS:

1. The Chairman, KSFE, Bhadratha, Museum Road, P.B. No. 510, Thrissur- 680 020.

2. The Managing Director,KSFE, Bhadratha, Museum Road, P.B. No. 510, Thrissur- 680 020.

          3. Branch Manager, KSFE Limited, Vaduthala Branch, Ernakulam- 682023.

                                      (By Adv. Sabu Sreedharan)

                             Vs.

RESPONDENT:

P.T. John, Palathinkal Veedu, Don Bosco Road, Vaduthala, Kochi- 682023.

JUDGMENT

SMT. BEENAKUMARY. A : MEMBER

The appellants are the opposite parties in C.C. No. 375/2021 on the file of the District Consumer Disputes Redressal Commission, Ernakulam (District Commission for short).  The respondent is the complainant.  The complaint is regarding a housing loan.  The District Commission allowed the complaint.  Against the impugned order the opposite parties filed this appeal.

2.  Heard the counsel for the appellant, perused the appeal memorandum.

          3.  Before the District Commission the opposite parties remained absent.  Though they received notice of the complaint from the District Commission, they did not turn up to file version.  On the basis of the evidence adduced by the complainant the District Commission allowed the complaint.    As per the decision of the Hon’ble Supreme Court in New India Assurance Company Limited Vs Hilly Multipurpose Cold Storage dated 04-03-2020, the period of limitation for filing the version is 30 days after receiving the notice or such  extended period not exceeding fifteen days.

          4.  In this case the appellants have no case that they did not receive the notice from the District Commission.  Appellants have no right to file version before the District Commission at this belated stage in view of the law as settled by the Constitution Bench of the Apex Court.  So no purpose will be served in admitting the appeal.

In the result, the appeal is dismissed. 

The appellants have the right to withdraw the amount deposited before this Commission, on proper application.        

           AJITH KUMAR  D.: JUDICIAL MEMBER

                                                                        BEENA KUMARY. A         : MEMBER

                                                                        RADHAKRISHNAN K.R.  : MEMBER

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