AKERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

REISION PETITION 23/2012

ORDER DATED 28.5.2012

PRESENT

SHRI.S.CHANDRAMOHAN NAIR           --  MEMBER

 SHRI.K.CHANDRADAS NADAR           --  JUDIIAL MEMBER

Reliance General Insurance Company Ltd;

Anil Dhirubai Ambani Group,

2^nd Floor, Vishnu Building,                        --  REV.PETITIONER

K.P.Valluvan Road,

Kadavanthra, Kochi.

   (By Adv.Saji Isaac.K.J)

                   Vs.

Sukumaran.K.

Laksmipriya, Puthiyavila P.O,

Valanchira, Kayamkulam,                         --  RESPONDENT

Alappuzha – 690531.

                                                         ORDER

SHRI.K.CHADRADAS  NADAR,JUDICIAL MEMBER

          The revision petitioner was the opposite party in CC.28/12 in the CDRF, Alappuzha.  Admittedly, the revision petitioner received notice in the complaint case.   But on 2.3.12 on which day the case was posted the opposite party was neither present nor represented.  Hence, the opposite party was set ex-parte.   There after the case was posted for hearing.  The revision petitioner/opposite party sought to set aside the ex-parte order.  The CDRF, Alappuzha dismissed the application relying on the decisions laid down by the Apex Court  as according to the Forum, it has no power to set aside, review or to recall its own order.

          It is pertinent to notice that the CDRF, Alappuzha had not passed any final order in the case.  Setting aside   ex-parte, a party for non appearance is an administrative order.   Final order disposing of the case would follow later on.  Fairness requires that the appellant gets opportunity to contest the claim.  It is further pertinent to notice that the  revision petitioner approached the Forum along with their version and there was no attempt to protract the matter.  Hence, we are inclined to allow the revision petition and give an opportunity to contest the complaint on merits.

          Accordingly the revision petition is allowed.  The CDRF, Alappuzha is directed to receive the version filed by the opposite party on fine and accord opportunity to both parties to adduce evidence.  Thereafter, the Forum shall dispose of the matter in accordance with law.  The matter is seen stayed by this Commission.  Hence the revision petitioner shall appear before the CDRF, Alappuzua on the next posting date of the case in  the Forum.

K.CHANDRADAS NADAR   --  JUDIIAL MEMBER

S.CHANDRAMOHAN NAIR  --  MEMBER