KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 05/2020

JUDGMENT DATED: 15.12.2020

(Against the Order in C.C. 366/2014 of CDRF, Alappuzha)

PRESENT:

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

SRI.T.S.P. MOOSATH                                                       : JUDICIAL MEMBER

SRI.RANJIT. R                                                                   : MEMBER

SMT. BEENA KUMARY. A                                              : MEMBER

SRI. K.R. RADHAKRISHNAN                                        : MEMBER

PETITIONER/APPELLANT:

Shylaja B, Karthika Pazhaveed P.O., Alappuzha now residing at F4 Mullackal Palace, Mullackal Nagar, Tripunithura-682 306, Ernakulam.

                   (By Adv. Rajmohan C.S.)

COUNTER PETITIONERS/RESPONDENTS:

1. Proprietor, Krishna Gas Agency, Convent Square, Alappuzha.

(By Advs. S.  Reghukumar & Threya J. Pillai)

2. Area Manager, Indian Oil Corporation, Panampally Nagar, Cochin.
3. Administrative Manager, National Insurance Company, Mumbai Corporate Regional Office, 2^nd floor, Royal Insurance Building 14, Jamshadji Tata Road, Church Gate, Mumbai-400 020.

JUDGMENT

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

Heard Adv. Nithya who appears for the appellant as well as Adv. S. Reghukumar who appears for the 1^st respondent. Though respondents 2 & 3 have been served with notice they have not chosen to enter appearance. 

This is a case in which the complaint filed by the appellant has been dismissed for default. The limited request made by the counsel for the appellant is for a remand to the Consumer Disputes Redressal Forum, Alappuzha (hereinafter referred to as the District Forum for short) for being tried and disposed of in accordance with law on the merits. We are satisfied that the said request can be allowed.

In view of the above, this appeal is allowed. The order dated 30.11.2015 in C.C. No. 366/2014 of Consumer Disputes Redressal Forum, Alappuzha is set aside. The District Forum is directed to take the complaint back to file, and to dispose of the same on the merits after recording evidence. Considering that the matter has been pending for a long time, an effort to dispose of the complaint expeditiously shall be made. 

JUSTICE K. SURENDRA MOHAN  : PRESIDENT

T.S.P. MOOSATH   : JUDICIAL MEMBER

RANJIT. R                : MEMBER

                                                                        BEENA KUMARY. A         : MEMBER

Jb                                                                     K.R. RADHAKRISHNAN  : MEMBER