KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 204/2011

 JUDGMENT DATED:25-03-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

Khalid,

Ramjath Manzil,                                                   : APPELLANT

Pallioram, Valappad.

(By Adv.Sri.Unnikrishnan.V)

          Vs.

1.      Shoukathali,

Kumbamkandath Aboobacker,

Ponjanam, Kattoor,

Mukundapuram Taluk.

                                                                   : RESPONDENTS

2.      Shajitha, W/o Shoukathali,

Ponjanam, Kattoor,

Mukundapuram Taluk.

     JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

Appellant is the opposite party in CC.694/09 in the file of CDRF, Thrissur.  Appellant is under orders to pay a sum of Rs.4,01,017/- and Rs.5000/- as compensation with interest at 12% from the date of complaint.  Appellant was exparte before the Forum.

2.      We find that the complaint was filed on 19/10/2009 and disposed on 30/11/2010.  It is after one year of the filing of the complaint that the matter has been disposed of.  The reason mentioned for the absence of the opposite party in the Forum is that the counsel for the opposite parties due to unavoidable reasons had to be at Thodupuzha and that he had made arrangements to see that the matter is represented before the Forum but the counsel who was entrusted did not represent the case.

3.      We find that the above reason appears not true in view of the fact that, the matter was pending before the Forum for more than one year.  There was an expert commission report in the matter also.  It is based on the report of the commissioner that the Forum has ordered to refund the amount as mentioned above.  The matter is with respect to the agreement for construction of a residential house and the allegation is that the opposite party left the work incomplete after receiving a substantial sum of Rs.10,05,000/-.  We find that there is absolutely no proper reason for not contesting the matter before the Forum by the appellant.  In the circumstances we find that there is no scope for admitting the appeal.  There is no patent illegality in the order of the Forum.

In the result the appeal is dismissed in-limine.

Office will forward copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.