KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No:360/2010

JUDGMENT DATED:20-07-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU              :PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

Binu.V.Thomas,

T&T Associates, 13/277,

Saphalya Nagar,                                                                 : APPELLANT

Kesavadasapuram,

Thiruvananthapuram-4.

(By Adv:Sri.S.Reghukumar)

                        Vs.

Shameer.A,

Kaavtheeyodu.P.O,

Thadikkadu, Anchal,                                                         : RESPONDENT

Pathanapuram.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT

The appellant is the opposite party in CC.136/09 in the file of CDRF, Kollam.  The appellant is under orders to pay a sum of Rs.17,778/- with interest at 9% and also compensation of Rs.5000/-.

2. The appellant was exparte before the Forum.

3. The evidence adduced consisted of the testimony of PW1 and Exts.P1 to P3.

4. It is the case of the opposite party that the manufacturer has not been made a party and further that he happened to be exparte as the counsel who was entrusted with the matter did not appear before the Forum.

5. We find that the order is not a considered order.  In the circumstances the order of the Forum is set aside on condition that the appellant pay a sum of Rs.3500/- to the complainant towards cost or deposit the same before the Forum which can be withdrawn by the complainant.  The matter is remitted back to the Forum.  The Forum will dispose of the matter on merits after issuing notice to the complainant.  The parties will be permitted to adduce evidence and the opposite party to file version.  The matter stands posted before the Forum on 29-09-2010.

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

JUSTICE K.R. UDAYABHANU:PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.