KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL No. 299/2023
JUDGMENT DATED: 05.06.2023
(Against the Order in C.C. 44/2021 of CDRC, Thrissur)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SRI. AJITH KUMAR D. : JUDICIAL MEMBER
SMT. BEENA KUMARY. A : MEMBER
SRI. RADHAKRISHNAN K.R. : MEMBER
APPELLANTS:
- Agricultural Officer, Chazhoor Krishi Bhavan, Chazhoor P.O., Thrissur.
- Principal Krishi Officer, Agricultural Complex, Chembukkavu, Thrissur-680 021.
- Kerala State represented by District Collector, Ayyanthole, Thrissur-680 003.
(By N.C. Priyan, Addl. Govt. Pleader & Public Prosecutor)
Vs.
RESPONDENT:
T.R. Pushpangadhan, Thandyekkal House, Anthikkad P.O., Thrissur.
JUDGMENT
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
The opposite parties in C.C. No. 44/2021 are in appeal aggrieved by the final order dated 30.11.2022 of the Consumer Disputes Redressal Commission, Thrissur (District Commission for short). As per the order under appeal, the complaint has been allowed and the appellants have been directed to pay an amount of Rs. 1,00,000/- to the complainant who is the respondent herein and also to pay Rs. 5,000/- as compensation and Rs. 3,000/- as costs. According to the appellants, the order passed by the District Commission is wrong and liable to be set aside. In the appeal various grounds are also put forward attacking the order appealed against.
2. We have heard the counsel for the appellants who has vehemently drawn our attention to the various grounds taken in the memorandum of appeal to show that the appellants have a strong case on the merits.
3. Heard. This appeal is posted before us for admission. A perusal of the order appealed against shows that though the appellants had been served with notice in the complaint, they have neither appeared nor contested the matter. In the above circumstances, the District Commission has proceeded to dispose of the complaint ex-parte after permitting the complainant to adduce evidence. Since no version had been filed by the appellants despite receipt of notice, no permission to file their version can be granted to them at this length of time in view of the decision of the Constitution Bench of the Apex Court in New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020)5 SCC 757. In view of the above legal position, no purpose would be served by admitting this appeal and issuing notice to the respondent.
For the above reasons, this appeal is dismissed.
JUSTICE K. SURENDRA MOHAN : PRESIDENT
AJITH KUMAR D. : JUDICIAL MEMBER
BEENA KUMARY. A : MEMBER
RADHAKRISHNAN K.R. : MEMBER
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