Kerala

StateCommission

A/10/31

Aljo - Complainant(s)

Versus

P.V.Chandran - Opp.Party(s)

13 Jul 2010

ORDER

First Appeal No. A/10/31
(Arisen out of Order Dated 26/03/2003 in Case No. OP 888/99 of District Kottayam)
1. Aljo ...........Appellant(s)

Versus
1. P.V.Chandran ...........Respondent(s)

BEFORE :
HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

 

      

I.A.78/2010 IN APPEAL:31/2010

        ORDER DATED:13-07-2010

 

PRESENT:

 

JUSTICE SHRI. K.R. UDAYABHANU    :   PRESIDENT

 

Aljo, Proprietor,

Orma Marble Palace,                                : PETITIONER

Manjoor.P.O, Kottayam.

 

          Vs.

P.V.Chandran, Punchayil House,

Mevalloor.P.O, Kottayam.                         : RESPONDENT

 

                                                                                                                           

ORDER

 

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

                                               

 

The application is filed by the opposite party/appellant for condoning the delay of 2514 days.

2. In the affidavit filed in support of the petition by the complainant it is submitted that he was not properly informed and was given false information by the counsel, Mr.Santhosh Kumar.  According to him he came to know of the position only when notice in the execution petition was received.  It was on receiving notice in the execution petition that he applied for the order of the Forum.  Above is the reason mentioned for the delay of 2514 days.

3. There is no representation for the respondent/complainant.

4. We find that it is seen from the order of the Forum that the matter was a contested one.  Hence it cannot be believed that he was not aware of the decision of the Forum.  The order of the Forum is dated:26/02/2003.  The present appeal has been filed on 20/1/2010.  There is nothing to show that the petitioner has taken any steps against his counsel also.

In the circumstances we find that the reason mentioned for condonation of delay is not sufficient.  Hence the application to condone the delay is dismissed.   Hence the appeal is also dismissed.

 

 

JUSTICE K.R. UDAYABHANU:   PRESIDENT

 

VL.

 

PRONOUNCED :
Dated : 13 July 2010

[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT