KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHAPURAM

FA.70/2009

JUDGMENT DATED: 20.2.2009

PRESENT

JUSTICE SRI.K.R.UDAYABHANU       : PRESIDENT

SMT.VALSALA SARANGADHARAN  : MEMBER

K.C.Rajendran, Proprietor,                                : APPELLANT

Anu Concrete Work,

Karimbalaparambil House,

Kunduvara, Chembukkavu,

Thrissur.

(By Adv.C.S.Vijayachandran Nair)

                Vs.

S.Rani,                                                                  : RESPONDENT

VII/1189,

Manonjam,

Kunduvara, Chembukkavu,

Thrissur.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU   : PRESIDENT

The appellant is the opposite party in OP453/2004 in the file of CDRF, Thrissur.  The appellant is under orders to pay a sum of  Rs.27440/- and Rs.5000/- as compensation and Rs.2000/- as cost to the complainant.  It is the contention of the appellant that he did not get a proper chance to counter the evidence adduced by the complainant.

          2. Of course the Forum has noted that opposite party was absent continuously and was set exparte.

          3. All the same considering the facts that the matter has been decided exparte,  we are inclined to set aside the order and remand back the matter to the Forum on condition that the opposite party  remit the entire amounts ordered to be paid in the Forum on or before 30.3.09.  The amount of cost ordered can be permitted  to be  withdrawn by the complainant.

          4. The matter will stand posted before the Forum on 8.4.09.

          5. The Forum will issue notice to the complainant and permit the parties to adduce further evidence if they so desire and dispose of the case on merits.

          Office is directed to transmit the order to the Forum urgently.

          JUSTICE SRI.K.R.UDAYABHANU     : PRESIDENT

SMT.VALSALA SARANGADHARAN     : MEMBER

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