Kerala

StateCommission

A/10/262

Shibu.O.U - Complainant(s)

Versus

Sri Ram Investment Ltd. - Opp.Party(s)

K.P.Jayachandran

07 Jun 2010

ORDER

First Appeal No. A/10/262
(Arisen out of Order Dated 27/02/2010 in Case No. CC 27/09 of District Wayanad)
1. Shibu.O.U ...........Appellant(s)

Versus
1. Sri Ram Investment Ltd. ...........Respondent(s)

BEFORE :
HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT
PRESENT :

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ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

                      APPEAL  NO:262/2010

 

                              JUDGMENT DATED:07..06..2010

 

PRESENT

 

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

 

Shibu.O.U,

Olangathu Veedu,                                                              : APPELLANT

Kallumukku, Noolpuzha.P.O,

Sultan Batheri, Wayanad Dist.

 

(By Adv:Sri.K.P.Jayachandran & B.A.Krishna Kumar)

 

            Vs.

 

1.         The Branch Manager,

Sri.Ram Investment Ltd.,

Sreepadam, Building,

Cheroothy Road, Kozhikkode-32.

                                                                                    : RESPONDENTS

2.         The Regional Transport Officer,

Wayanad.

 

                                      JUDGMENT

 

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

 

The appellant is the complainant in CC.27/09 in the file of CDRF, Wayanad.  The complaint stands dismissed on the ground of limitation.  It is pointed out by the counsel for the appellant that a sum of Rs.1,10,000/- has been deposited by the complainant on 24/7/2007 and that the same is evidenced by the documents produced.  It was also pointed out that the matter has not been considered in the proceedings initiated in the Civil Court.  It was also pointed out that the matter has been disposed of on the issue of limitation without considering the rest of the issues raised.

In the circumstances, we find that the matter requires reconsideration.  Hence the order of the Forum is set aside.  The Forum directed to dispose of the matter afresh after permitting the parties to adduce further evidence if they so desire.  The Forum will issue notice to the opposite parties.  The matter stands posted before the Forum on 19/8/2010.

 

 

JUSTICE K.R.UDAYABHANU:  PRESIDENT

 

 

VL.

 

PRONOUNCED :
Dated : 07 June 2010

[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU]PRESIDENT