KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM I,V FA.61/09 JUDGMENT DATED.23.7.09 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.M.K.ABDULLA SONA -- MEMBER The Secretary, Manathana Service Co-operative Bank, Manathana P.O, -- APPELLANT Thalassery Thaluk, Kannur District. (By Adv.Abhilash Mathew) Vs. Thalakkat Sivasankaran, -- RESPONDENT Manathana Post, Chanappara, Thalassery Thaluk, Kannur District. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the opposite party/Co-operative bank that is under orders to return the title deed and to pay compensation of Rs.1500/- and Rs.500/- as costs. 2. The case has been decided as ex-parte. 3. It is the case of the appellant that the complainant is a surety for another loan and hence without clearing the above loan the title deed cannot be returned. 4. Evidently, in the absence of the opposite party/appellant the matter was not disposed of by a considered order. In the circumstances, the order of the Forum is set aside on condition that the appellant/opposite party deposit a sum of Rs.5000/- before the Forum towards costs of the complainant within one month from today. The amount of costs can be withdrawn by the complainant. The Forum will issue notice to the complainant and dispose of the matter after permitting the parties to file version and adduce evidence. 5. The matter will stand posted before the Forum on 22.9.2009. The office is directed to dispatch the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU-- PRESIDENT M.K.ABDULLA SONA -- MEMBER S/L
......................JUSTICE SHRI.K.R.UDAYABHANU ......................SRI.M.K.ABDULLA SONA | |