KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

    REVISION PETITION: 29/2010

                                  ORDER DATED:06..10..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU      :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                   : MEMBER

New India assurance Co. Ltd.,

R/by the Divisional Manager,

Divisional Office No.II,

K.N.Mathew Building,

Gandhari Ammen Coil Street,                             :REVISION PETITIONER

Thiruvananthapuram.

Now functioning at-

Rema Plaza, S.S.Kovil Road,

Thampanoor, TVPM.

(By Adv.Sri.M.Nizamudeen)

            Vs.

P.Mohandas, Proprietor,

Pavitha Stores, Ayirooppara,                              : RESPONDENT

Pothencode, TVPM.

                                                            ORDER

JUSTICE SHRI.K.R.UDAYABHAN         :  PRESIDENT

The Revision petitioner is the opposite party/Insurance company in OP.338/04 in the file of CDRF, Thiruvananthapuram.  The application filed by the Revision Petitioner before the Forum vide I.A.227/10 to re-open evidence was dismissed.  The Forum has observed that although the opposite party/Revision Petitioner was provided ample opportunity to adduce evidence they have failed to do so.  The Forum in the order has mentioned the dates on which the matter was posted; and the applications filed by the opposite party to adduce evidence was allowed earlier on payment of cost more than once.  The case is of the year 2004.  It was in the above circumstances that the application to re-open evidence was dismissed by the Forum.

2. We find that there is gross lapse on the part of the Revision petition/opposite party.  All the same in view of the fact that the desirability of a considered order the order of the Forum is set aside on condition that the revision petitioner/opposite party pay a sum of Rs.5000/- to the complainant or deposit the same before the Forum which can be withdrawn by the complainant.  The Forum will permit the opposite party to adduce evidence and dispose of the matter on merits at the earliest, at any rate within six months from the date of receipt of this order.  The Revision Petition is allowed as above.

The office will forward a copy of this order to the Forum.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.

S. CHANDRAMOHAN NAIR : MEMBER