KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

REVISION PETITION NO. 35/2012

ORDER DATED : 06/07/2012

PRESENT

SHRI. M.K. ABDULLA SONA             :  HON. ACTING PRESIDENT

SMT. A. RADHA                                  :  MEMBER

PETITIONER

             The Managing Director,

             M/s. Bajaj Alianze Life Insurance Company Ltd.,

             G.E. Plaza, Airport Road,

             Yerawada,

              Pune, Maharashtra State.

                  ( Rep. by Adv. Sri.  Siju Rajan & N.G. Mahesh)

                                                         Vs

COUNTER PETITIONERS

1.     Sandhya Nair,

     Pournami House,

     P.O. Potta,

    Thrissur District, Kerala.

2.     Sunil Kumar,

Ramanika,

Vilakkithara House,

Near Vyasa Vidyaniketan School,

P.O., Potta, Chalakudy Via,

Thrissur District.

ORDER

.

SHRI. M.K. ABDULLA SONA :  HON. ACTING PRESIDENT

This Revision Petition filed by the petitioner from the order in I.A. 1040/11 in C.C. 571/09 CDRF, Thrissur dated. 28.12.2011. In short, the petitioner/second respondent who was absent before the Forum below, the Forum below set ex-parte.   The petitioner approached to the Forum below with an I.A. to setaside the ex-parte order passed by the Forum below against him.  The Forum below taken a view on that they have no jurisdiction to set aside the ex-parte order and dismissed the petition.  On this day, this Interlocutory Application came before this Commission for hearing.  The counsel for the petitioner argued that unless given an opportunity to file by his counter before the Forum below and also to adduce evidence which is highly necessary for the interest of justice otherwise he may be sustained irrecoverable injuries.  On the basis of these grievances it set aside the impugned order passed by the Forum below by allowing this Revision Petition.

          This Commission heard in detail and allowed the I.A. on terms of cost of Rs. 1,000/- to the Legal Aid Fund.  On 6/7/12, the counsel produced the receipt with memo before this Commission.  As per this document it is seeing that the cost taken as paid.

          In the result, this Revision Petition and I.A. are allowed and setaside the impugned order passed by the Forum below against this respondent.

The office is directed to send back the file as early as possible to the Forum below and the Forum below is also directed to give proper opportunity to this petitioner/respondent to file counter and also to adduce both oral and documentary evidence before the Forum below.  This Petition disposed accordingly.

                                    M.K. ABDULLA SONA : ACTING PRESIDENT

                                                   A. RADHA      :   MEMBER

ST