KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHPAURAM

FA.53/09

JUDGMENT DATED: 7.5.09

PRESENT

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SMT.VALSALA SARANGADHARAN          : MEMBER

Shriram Investments Ltd.,                      : APPELLANT

First Floor, Kooturat Towers,

Court Road, Manjeri.

(By Adv.R.Jayakrishnan)

                 Vs.

Sasidharan.K.,                                            : RESPONDENT

Kuruthodiyil House,

Mankadu Pallippuram.P.O.,

Koottilangadi, Malappuram.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

The appellant is the opposite party in CC.21/04 in the file of CDRF, Malappuram.  The appellant has been ordered to pay a sum of Rs.30000/- as compensation and cost of Rs.2500/-. 

2. It is the case of the appellant that it was not given sufficient opportunity to adduce evidence.  The matter related to repossession of a brand new state carriage.  It is seen that no evidence has been adduced by the opposite party/appellant.  It is submitted by the counsel that the counter affidavit mentioning in the judgment was filed for invoking  the arbitration process.

In the circumstance  order of the Forum is set aside  on condition that the appellant  pay a sum of Rs.5000/- towards cost to the complainant.  The amount has to be paid to the complainant or deposited before the Forum which can be withdrawn from the complainant.  The amount has to be deposited within 20 days from the date of receipt of this order before the Forum.  The Forum will permit the parties  to adduce further evidence and dispose of the matter on merits.

The matter shall stand posted before the Forum on 30.6.09. 

          Office is directed to despatch this order to the Forum urgently.

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SMT. VALSALA SARANGADHARAN                      : MEMBER

Ps