KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL 313/08 JUDGMENT DATED: 24.3.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER HDFC General Insurance Co.Ltd., : APPELLANT 5th Floor, Express Towers, Nariman Point, Mumbai -21, Rep. by its Claims Officer, HDFC ERGO General Insurance Co.Ltd., K.G.Oxford Business Centre, 4th floor, Ravipuram, Kochi-16. (By Adv.V.Manikantan Nair & M.Nizar) vs. 1. Sadath.K.K.,S/o Abdulkareem, : RESPONDENTS Kareem Manzil, Pallikkal Talangara, P.O.Kasargod, Kasargod District. 2. Mohamed Sharif.A.N., S/o Aboobacker, 5/682 CD, Manali Road, Palakkad. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/HDFC General Insurance Company in CC.21/2008 in the file of CDRF, Kasargod. The appellants stood ex parte before the Forum. 2. The respondent/complainant after service of notice did not appear. The appellant has sought for remitting the matter to the Forum. It is submitted that the counsel concerned have gone abroad and entrusted the matter with his junior who did not notice the posting dates of the case. 3. In the circumstance the order of the Forum is set aside on condition that the appellant pay a sum of Rs.5000/- towards cost to the complainant or deposit the same before the Forum which can be withdrawn by the complainant. On compliance with the above condition the Forum will permit the opposite parties to file version and contest the matter. The Forum has also directed to issue notice to the complainant. The matter will stands posted before the Forum on 30.4.2010. Office is directed to forward the copy of this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.M.K.ABDULLA SONA : MEMBER ps | 
