KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD THIRUVANANTHAPURAM
APPEAL NO.350/13
JUDGMENT DATED 15.06.2013
(Appeal filed against the order in CC No.286/2012 on the file of CDRF, Idukki, dated 31.01.2013)
PRESENT
SMT. A. RADHA : MEMBER
SMT. SANTHAMMA THOMAS : MEMBER
1. The Manager,
Shriram Transport Finance
Co. Ltd., 1st floor,
Capital Building,
Chennattumattom Junction,
Kattappana P.O., Idukki District. APPELLANTS
2. The Manager,
Shriram Transport Finance
Co. Ltd.,Near YMCA,
Kottayam.
(By Adv. Shri. Anoop J.V)
V/s.
Suresh Babu,
S/o. Sreedharan M.D., RESPONDENTS
Mandanichirayil House,
Wallardy P.O.,
Vandiperiyar, Idukki District
JUDGMENT
SMT. SANTHAMMA THOMAS: MEMBER
This is an appeal under section 15 of the Consumer Protection Act, 1986 against the order dated 31/01/2013 passed by the District Redressal Forum, Idukki in CC No. 286/2012. The District Forum has allowed the complaint and directed the opposite parties to close the loan account of the Respondent’s vehicle hearing Reg. No. KL/06 B – 9867 within 30 days of receipt of the order and also directed to pay Rs.1,000/- as cost within one month. The appellants were also restrained from further proceedings against. The Respondents and their sureties for the recovery of further amount as detailed in the order of the District Forum. Aggrieved by the order of the District Forum the appellant has filed this appeal.
2. We have noticed that the order by the District Forum is an Ex-parte order against the appellant who were the opposite parties in CC 286/2012 in District Redressal Forum, Idukki. We have also noticed that the learned counsel for the appellant who had been entrusted the matter failed to represent on behalf of the opposite parties before the District Forum and hence the District Forum decided the matter – Exparte. Whereas the appellants did not receive sufficient time to arrange an alternative counsel for their representation. It is a well settled principle of law that all the parties involved in the mater in question should get proper opportunity of being heard.
3. Thus we find the Non-representation of the learned counsel n the District Forum is a sufficient cause and no party should be condemned unheard. In the interest of Justice we find it just and proper to remand the case to the Forum Below to decide the case afresh in accordance with law. With the aforesaid matters, the impugned Ex-parte judgment dated 31/01/2013 passed by District Redressal Forum, Idukki is set aside and the case is remanded back to the District Forum. For allowing the appellants to give opportunity to file their version and adduce evidence in support of their case the appellant is directed to pay Rs. 3,000/- as cost to the complainant on appearance before the Forum Below.
In the result, appeal is admitted and remanded back to the Forum Below giving opportunity to contest the case. Parties are to appear before the Forum Below on 22/07/2013.
The office is directed to send a copy of this order immediately to the Forum Below.
SANTHAMMA THOMAS : MEMBER
A. RADHA : MEMBER
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