KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

REVISION 26/11

ORDER DATED 28.11.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.S.CHANDRAMOHAN NAIR                    --  MEMBER

VRL Logistic Ltd.

Thalikavu Road,                                                  --  REV.PETITIONER

Kannur.

    (By Adv.G.S.Kalkura)                                              

          Vs.

Stify.K.X,

D/0 K.P.Xavier, Residing at                               --  RESPONDENT

V.C.Quarters, Thakepuram,

Padne P.O; Kasaragod.

   (Adv.Narayan.R, amicus curiae)

ORDER

JUSTICE SHRI.K.R.UDAYABHANU,.PRESIDENT

The revision petitioners are the opposite parties in CC166/10 in the file of CDRF, Kasaragod.  The order sought to be revised is the one in IA.283/10 wherein the Forum has held that  notice under Section 10 of the Carriers Act is not required in view of the specific observation of the Supreme Court in EICM Exports Limited Vs. South Indian Corpn. (Agencies ) Ltd. and  another 2009 CTJ 945  (Supreme  Court) (CP).  The revision petitioner has also contended that they have disputed the territorial jurisdiction of the Forum and the Forum has not taken a decision on the above point.

2. In the circumstances and in view of the observation of the Supreme Court quoted in the order of the Forum, the point as to the requirement of the notice under Section 10 of the Carriers Act, does not call for interference.

3. All the same, Forum is directed to decide as a preliminary issue  the contention of the opposite parties that the Forum is not havng territorial jurisdiction, after hearing both sides.  In the result, the revision petition is allowed in part as above.  The matter stands posted before the Forum below on 29.12.2011.

Office will forward the copy of this order to the Forum below.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR          --  MEMBER

SL