KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 634/2018

JUDGMENT DATED: 03.06.2019

(Against the Order in C.C. 655/2015 of CDRF, Kozhikode)

PRESENT : 

SRI.T.S.P. MOOSATH                                                : JUDICIAL MEMBER

SRI. RANJIT. R                                                 : MEMBER

SMT. BEENA KUMARY. A                             : MEMBER

APPELLANTS:

1. Nabil Khader, A2 Pentium Manor Apartments, Karat Road, Nadakkavu, Pin-673 011.

2. Athulya B.S, Parikktu Parampath House, Madavoor P.O, Narikkunni, Calicut-673 585.

3. Kesavan. V, Gopalapuram, Tamil Nadu-626 112.

4. Agnivesh. S, Cheroth House, PR Road, Nadakkavu, Calicut-11.

5. Loshith. P, Puthussery House, Moorikkara P.O, Kakkodi, Kozhikode-673 611.

                                                Vs.

RESPONDENTS:

1. The Manager, Direction Coaching Centre, 4^th Floor, Sky Tower, Bank Road, Calicut, Kozhikode-673 001.

2. Shajil P.M, S/o Unnimadhavan Nair, Director, Direction Coaching Centre, 4^th Floor, Sky Tower, Bank Road, Calicut, Kozhikode-673 001.

3. Salam, Director, Direction Coaching Centre, 4^th Floor, Sky Tower, Bank Road, Calicut, Kozhikode-673 001.

                             (By Adv. P. Nandakumar)

JUDGMENT

SMT. BEENA KUMARY. A : MEMBER

Appellants are the complainants in C.C. No. 655/2015 on the file of Consumer Disputes Redressal Forum, Kozhikode.  The complaint was dismissed on 30.04.2018 on the ground that complainant was continuously absent, no representation, no affidavit filed on that day, when the case was posted as last chance for filing affidavit.  Aggrieved by the dismissal of the complaint, this appeal is filed.

2.  Brief facts of the case are as follows:  The complainants were offered coaching for UPSC civil service examination by the opposite party in the year 2015.  The complainants joined the coaching and had paid the entire fee demanded by the opposite parties.  But the opposite parties refused to conduct the coaching classes as offered.  Hence the complainants were constrained to file the above complaint against the deficiency in service and unfair trade practice of the opposite parties.

3.  The complaint was filed before the CDRF, Kozhikode to pass an order directing the opposite parties jointly and severally to refund the entire fee of Rs. 1,35,000/- and compensation of Rs. 20,000/- to each complainant, with interest and cost of the proceedings to the complainants. 

4.  The appellants stated the order dated 30.04.2018 in C.C. No. 655/2015 dismissing the complaint for default has been passed by the forum when the epidemic of Nipah virus had struck the district of Kozhikode and complainants were rendered incapable of moving out of their homes and attend proceedings.  At this stage without commenting on the merits of the complaint, lest it may cause prejudice to the parties, we consider that an opportunity has to be given to the complainants to adduce evidence in support of their claim and to decide on merits of their claim.  Based on the foregoing discussion we allow this appeal and set aside the order dated 30.04.2018 of the district forum, Kozhikode in C.C. No. 655/2015.

In the result, matter is remanded back to the district forum to decide the complaint on merits.  Both parties are directed to appear before the district forum.  The district forum shall dispose off the complaint as early as possible.  

T.S.P. MOOSATH    : JUDICIAL MEMBER

RANJIT. R                : MEMBER

                                                                        BEENA KUMARY. A         : MEMBER

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