KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO. 789.2012

JUDGMENT DATED. 8.11.2012

PRESENT:-

SMT. A. RADHA                                :    MEMBER

APPELLANT

The Managing Director,

Dreamworld Water Park,

Kanjirappilly P.O., Chalakudy, Thrissur.

                              (Rep. by Adv. Sri.Kowdiar S. Mohan Das)

                            Vs

RESPONDENT

Princy Johny, Mannarthottathil House,

P.O Murikkingal.

JUDGMENT.

SMT. A.RADHA  :  MEMBER

          The opposite party/ appellant preferred this appeal against the order dated 11.7.12 in C.C. No. 383/11 on the file of CDRF, Thrissur.

        2. When this appeal came up for hearing on the question of admission the counsel submitted that the appellant was ex-parte before the Forum below.  It is also submitted that the notice received from the Forum below was misplaced and could not appear and contest the matter. Though a petition to set aside the ex-parte order was also filed,  It was dismissed and the complaint decided exparte.

          3.  It is a case of an accident occurred on 31.5.2011 to the complainant/respondent and sustained injuries.  While he was using Swimming Pool of the opposite party the broken tiles caused injuries and had to undergo treatment.  The Forum below allowed the complaint and directed the opposite party to pay Rs.20,000/- as compensation and cost of Rs.750/- which is under challenge in this appeal. 

          4.  This Commission finds  that the order is an ex-parte order which is self explanatory and  it is not a considered order. There is force in the argument made by the counsel that an opportunity is to be given to contest the matter being an exparte order.  In the interest of justice this Commission allowed the prayer made by the counsel for appellant and remand the case to the Forum below on payment of Rs.5,000/- to be paid to the complainant on appearance before the Forum below and contest the matter giving opportunity to adduce evidence in support of their case.   

          In the result, the appeal is admitted and remanded back to the Forum below and the parties are to appear before the Forum below on 10.12.2012.

          The office is directed to send a copy of the order to the Forum below.

                                                                   A. RADHA    :  MEMBER

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