KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.1022/01 JUDGMENT DATED.3.11.08 PRESENT JUSTICE K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER 1. M/s.Thiruvonam Chitties & Loans, Rep. by Managing Partner Viswanathan, Moonupeedika.P.O, Kaipamangalam. (closed) 2. Viswanathan, S/0 Pattali Raman, Ethai.P.O, -- APPELLANTS Engandiyoor, Thrissur District. (communication may be in second appellant’s name) (By Adv. Vs. P.M.Abdul Rahiman, Walkers Shoe Mart, Temple Road, Thriprayar junction, -- RESPONDENT Thrissur District. JUDGMENT JUSTICE K.R.UDAYABHANU,PRESIDENT The appellant is the second opposite party/proprietor of the first opposite party finance institution. The appellant is under orders to pay the actual amount remitted by the complainant in two chitties; one in his own name and the other in the name of his nephew, with 12% interest from the date of the termination of the kuri and also cost of Rs.250/-. 2. The appellant was ex-parte in the proceedings before the Forum. It is mentioned that Ext.P1 series are marked. 3. The Forum has noted that the petitioner has failed to produce documents with respect to the remittance in the kuri in the name of his nephew. 4. The respondent/complainant although served with notice he did not enter appearance before this Commission. 5. In the circumstances and in view of the fact the order is not exactly on merits the order of the Forum is set aside on condition that the petitioner/second opposite party deposit a sum of Rs.50,000/- more (it is mentioned that Rs.20,000/- is already in deposit before the Forum) before the Forum within 2 months from to-day. On deposit of the above amount, the Forum will issue notice to the complainant and permit the parties to adduce evidence and dispose of the matter on merits. The matter will stand posted before the Forum on 20.12.08. Office is directed to forward copy of this order and lower court records to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARNGADHARAN -- MEMBER S/L
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
