KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

         I.A.603/2010 IN A.281/2010

                                 JUDGMENT DATED:28 -09-2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

Abraham C. Kuruvila,

Chenattu Builders,

Opp. SBT, Kumbanad.P.O,

Thiruvalla Taluk, Pathanamthitta Dist.,

Rep. by his power of attorney holder                : APPELLANT

Gracyamma,

Chenattu House,

Kumbanad.P.O,

Thiruvalla.

(By Adv:M/s Santhosh Babu & C.S.Rajmohan)

          Vs.

Sam Mathew @ Binoy S/o N.Mathew,

Residing at Nellimoottil House,

Kadpra.P.O, Kumbanad,

Thiruvalla Taluk, Pathanamthitta Dist,

Rep. by his power of attorney holder-               : RESPONDENT

N. Mathew, Nellimoottil House,

Kadapra.P.O, Kumbanad,

Thiruvalla Taluk, Pathanamthitta Dist.

(By Adv:Sri.Rajeev.S.S)

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the opposite party in CC.79/08 in the file of CDRF, Pathanamthitta.  The appellant is under orders to pay a sum of Rs.3,25,150/- with interest at 8%.  There is a delay of 264 days.  The appellant/complainant was exparte before the Forum.  It is the case of the petitioner that he was unaware of the proceedings before the Forum and that he was employed abroad and that the Establishment was closed in the year 2008 itself.

2. The respondent/complainant has filed objection.

3. We find that the matter is with respect to the alleged excess amount received for construction of a residential building and incomplete construction of the building.  In view of the fact that the order is not a considered one and the amount involved is somewhat large it appears that in the interest of justice the matter requires a considered disposal.  It is submitted that the petitioner has already deposited Rs.1.lakh before the Forum as per the order of the Hon’ble High Court.  The petitioner/opposite party will deposit another sum of Rs.1.lakh before the Forum.  The opposite party/appellant/petitioner will also pay a sum of Rs.10,000/- towards cost to the complainant or deposit the same before the Forum which can be withdrawn by the complainant.  On deposit of the amount the Forum will permit the opposite party/petitioner to contest the matter.  The petition to condone delay and the appeal stands disposed of accordingly.

4. The case stands posted before the Forum on 13/12/2010.  The Forum will dispose of the matter on a priority basis at any rate within 6 months from the date of receipt of this order.

The office will forward the copy of this order to the Forum.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.