KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM COMMON ORDER IN IA.233/09 AND APPEAL 101/09 ORDER DATED 2.2.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SHRI.M.K.ABDULLA SONA -- MEMBER A.Raman Menon, Panchavadi, Kodungallore P.O, Thrissur District. -- APPELLANT (By Adv.p.r.Radhakrishnan) Vs. 1. Raveendran K.P. Adhayam, 30/19, Perandoor, Elamakkara, Kochi – 682026. 2. Variety Finance and Traders (P) Ltd., rep., by its Managing Director, Kalamuri, Kaipamangalam.P.O, Presently functioning at near Court Complex, Iringalakuda. 3. G.Anilkumar, Manager, -- RESPONDENTS Variety Finance and Traders (P) Ltd, Erekkath veedu, Iringalakuda North. 4. K.S.Shyamaprasad, Managing Director, Variety Finance & Traders (P) Ltd., Kannamparambil veedu, Pulloor, Irinjalakuda. 5. E.V.Ashokan, Director, Variety Finance & Traders (P) Ltd., Edakkattuparambil Kattoor, Irinjalakuda. 6. K.V.Chandran, Director, Variety Finance & Traders (P) Ltd., Kizhekkevalappil House, Pulloor, Irinjalakuda. COMMON ORDER JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The IA 233/09 is filed by the appellant/petitioner who was the second opposite party in CC.1279/05 in the file of CDRF, Thrissur. The opposite parties including the appellant are under orders to pay the decree amount and to pay Rs.8,000/- as compensation and Rs.1500/- as costs with respect to a chitty allegedly prized by the complainant. 2. The appellant was arrayed as the Chairman of the Finance Company. It is the case of the appellant/petitioner that at the time he was not the Chairman and that he had resigned from the above post on 23.3.03. The claim is with respect to the kuri that terminated on 20.10.2004. According to him he has no liability in the matter and that he was not the Chairman at the time. He became aware of the case only when notice in the EP was served on him. He then applied for setting aside the ex-parte order, but the same was dismissed. It is pointed out in the order that he has refused the notice. According to him, he refused to receive the notice as the address was mentioned as the Chairman of the chitty company. According to him it was a bonafide action on his part and hence the delay. 3. The respondents were duly served and were called absent and set ex-parte. 4. In the circumstances, and in view of the above mentioned case stated in the affidavit the petition to condone the delay of 964 days is allowed. 5. In view of the contention of the appellant that he has no role at all in the chitty company subsequent to his resignation as Chairman of the chitty company we find that the appellant also should be heard in the matter. Hence, the order of the Forum is set aside on condition that the appellant pay a sum of Rs.7500/- towards costs of the complainant. On payment of the above amount to the complainant or depositing the same before the Forum, which can be withdrawn by the complainant the Forum will take the matter back into file and issue notice to the rest of the parties and permit the appellant to contest the matter. If so desired the rest of the parties can also adduce evidence. The matter will be disposed of on merits. The case stands posted before the Forum on 25/3/2010. The office is directed to forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT M.K.ABDULLA SONA -- MEMBER s/L | 
