KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

TRANSFER APPLICATION No. 08/2023

ORDER DATED: 19.04.2024

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN     : PRESIDENT

SRI. AJITH KUMAR D.                                                    : JUDICIAL MEMBER

SRI. RADHAKRISHNAN K.R.                                        : MEMBER

PETITIONER:

Biju Thomas, Pallivathukkal House, 13/763, Aiswarya Lane, Thoppil, Thrikkakara P.O., Pin-682 021.

                              (Party in person)

                                                Vs.

RESPONDENTS:

1. Post Master, Sub Post Office, Edappally S.O., Ernakulam-682 024.

2. Post Master, Sub Post Office, Ramapuram Bazar S.O., Kottayam-686 576.

ORDER

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT

This petition is filed by the complainant in C.C. No. 408/2023 of the District Consumer Disputes Redressal Commission (District Commission for short), Ernakulam for transfer of the said case to the District Commission, Thrissur.  According to the petitioner, he had filed a complaint before the District Commission alleging delayed delivery of an Electronic Money Order that he had sent on 06.05.2023.  The EMO was booked for the Vicar, St. Augustine’s Forane Church, Ramapuram Bazar P.O., Ramapuram, Kottayam for the purpose of conducting a Mass for the dead at 7.45 a.m. on 09.05.2023, the day of death of his father.  The Mass was proposed to be conducted because it was the 45^th death anniversary of his father.  The electronic money order was delivered only at 15:10:48 pm on 09.05.2023.  Though he had lodged a complaint in the online system of India Postal Department he later on found that his complaint had been closed.  Thereupon he complained to the Nodal Officer, but there was no response.  It was in the above circumstances that he had filed his complaint before the District Commission, Ernakulam. 

2.  The complaint was admitted and the opposite parties entered appearance but they did not file their version. 

3.  While so, I.A. No. 687/2023 was filed by the Senior Superintendent of Post Offices seeking to get himself impleaded as the 3^rd opposite party.  The petition was allowed by the District Commission.  Finding that opposite parties 1 & 2 had not filed their version, they were set ex-parte, but time was granted to the 3^rd opposite party to file version.  The complainant thereupon objected to the proceedings pointing out that he had not filed any petition to implead the 3^rd opposite party.  The District Commission then noticed that the 3^rd opposite party had been permitted to get impleaded because the Commission was under a mistaken impression that the petition was filed by the complainant himself.  On realizing the mistake, the District Commission suo motu reviewed its order, recalled and set aside the order impleading the 3^rd opposite party and posted the case for ex-parte evidence since no version had been filed by the opposite parties 1 & 2. 

4.  According to the petitioner herein, the District Commission had not acted in an impartial manner and had favoured the opposite parties by allowing I.A. No. 687/2023.  Therefore, it is contended that C.C. No. 408/2023 is necessary to be transferred to some other District Commission.

5.  The respondents herein have also levelled allegations against the manner in which the case was handled by the District Commission.  They have also expressed their doubts about the impartiality of the District Commission. 

6.  Since both parties are expressing doubts about the impartiality of the District Commission, Ernakulam it is only appropriate that, the case is tried by a different Commission.  Though the petitioner has sought for a transfer to the District Commission, Thrissur, the said request cannot be acceded to for the reason that pendency before the said Commission is very heavy.  Therefore, we consider it appropriate to transfer the case to the District Commission, Alappuzha. 

For the above reasons, this petition is allowed and C.C. No. 408/2023 pending before the District Commission, Ernakulam is transferred and posted before the District Commission, Alappuzha.  The District Commission, Alappuzha shall take up the case, number the same suitably and shall try and dispose of the same in accordance with law, expeditiously.   

JUSTICE K. SURENDRA MOHAN  : PRESIDENT

                                 AJITH KUMAR  D. : JUDICIAL MEMBER                                                     

                                                                                                  RADHAKRISHNAN K.R.  : MEMBER  

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