KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

    REVISION PETITION:25/2009

                             JUDGMENT DATED:27..07..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU      :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                   : MEMBER

The Manager, Oman Airways,

Sasthamangalam,                                                  : APPELLANT

Thiruvananthapuram – 10.

(By Adv:Sri.A.Abdul Kharim)

            Vs.

1.         Shibu Kumar,

Shibu Vihar, Punnamoodu,

Varkala.P.O, Chirayinkeezhu Taluk,

TVPM Dist.

2.         The Manager, Oman Airways,

Gi-B, Maker Chambers,                             : RESPONDENTS

Vi Ground Floor 220, Nariman point,

Mumbai – 400 021.

3.         The Manager,

Altima Tours and Travels,

Opposite to SMV School,

Overbridge, Thampanoor, TVPM.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The Revision Petitioners are the opposite parties in I.A.130/08 & 131/08 in OP.423/03 in the file of CDRF, Thiruvananthapuram.  The Revision is filed against the order of the Forum allowing the delay condonation petition and the restoration petition of the complaint dismissed for default on payment of cost of Rs.500/-

2. It is the case of the revision petitioner is that the delay condonation petition has been filed after a lapse of 1400 days which will be about 4 years and that the reasons mentioned for the delay are not at all convinced.  It is contended that the Forum has not considered the objections of the revision petitioners in this regard.

3. We find that the reasons mentioned for the delay is that the complainant was working abroad and that the power of attorney holder who filed the complaint also went abroad.  The lawyer concerned met with an accident and was laid up for several years.  The complainant had not produced any objective evidence to substantiate the reasons for the condonation of delay.  There is no case for the complainant that he did not come home till the date of filing of the above petitions.  In the evidence tendered by the complainant in the present matter he could not provide any satisfactory explanation for the delay.

In the circumstances we find that the order of the Forum condoning the above inordinate delay cannot be upheld.  Hence the order of the Forum is set aside and the revision petition is allowed.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.