KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                      APPEAL  NO: 109/2010

                              JUDGMENT DATED:01..06..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

Proprietor,

Arakkal Electronics & Servicing Centre,

St.Thomas Shopping Complex,

P.O. Pavaratty, Thrissur. R/by                                         : APPELLANT

Its Proprietor, A.J.Varghese,

S/o Arakkal Jacob, Venmanand Desom,

Pavaratty Amsham,

Chavakkad, Thrissur.

(By Adv:Sri.Narayan.R)

            Vs.

Solly Joshy, W/o Joshy Thomas.L,

Kanjirathingal House,                                                       : RESPONDENT

P.O.Pavaratty, Thrissur.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the opposite party in CC.949/08 in the file of CDRF, Thrissur.

2. The appeal was allowed exparte.

3. The respondent is present in person.

4.  It is submitted by the respondent that for 5 postings consecutively the opposite party/appellant or his counsel was not present.  All the same we find that the order is not a considered one.  The same cannot be treated as final. In the circumstances the order of the Forum is set aside on condition that the appellant/opposite party pays a sum of Rs.2000/- towards cost to the complainant or deposits the same before the Forum which can be withdrawn by the complainant.  On payment of the amount of cost the Forum will permit the opposite parties to file version and contest the matter.  The case stands posted before the Forum on 3/8/2010.

The office is directed to forward a copy of this order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.