Kerala

StateCommission

A/09/629

The Proprietor, Power Systems - Complainant(s)

Versus

The Travancore Cochin Chemicals Co-op. Society Ltd. - Opp.Party(s)

R.Narayan

05 Dec 2009

ORDER

First Appeal No. A/09/629
(Arisen out of Order Dated 30/01/2009 in Case No. CC 263/08 of District Ernakulam)
1. The Proprietor, Power SystemsKerala ...........Appellant(s)

Versus
1. The Travancore Cochin Chemicals Co-op. Society Ltd.Kerala ...........Respondent(s)

BEFORE :

PRESENT :

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ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
                VAZHUTHACAUD THIRUVANANTHAPURAM
 
 
IA.1324/09 IN A.629/09
0RDER DATED.5.12.09
 
PRESENT
JUSTICE SHRI.K.R.UDAYABHANU           -- PRESIDENT
 
The Proprietor,
Power Systems, Door No.44/787,
Professor’s Academy Building,                                   -- PETITIONER
LFC Road, Kaloor, Kochi-17.   
   (By Adv.Roy Varghese)
 
                    Vs.
The Travancore Cochin Chemicals
 Co-operative Society Ltd.,                                -- RESPONDENT
Udyogamandal.P.O,
Ernakulam Dist, Pin 683 502.
 
 
 
 
0RDER
 
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
 
          The application to condone the delay is of 227 days. The petitioner/appellant is under orders to pay Rs.10,000/- as compensation for deficiency in service in not rectifying the defect in the system in spite of having AMC. The proposed appellant is exparte before the Forum.
          It is the contention of the petitioner that he had filed an application to set aside the exparte order and the Forum dismissed the above application mentioning that the Forum is having no power to set aside the exparte order.
          The fact that the CDRF is not empowered to set aside ex parte judgment is a settled position.
I find that the reason mentioned is not sufficient to condone the long delay of 227 days.   Hence the application to condone the delay is dismissed. Hence the appeal is also dismissed.
 
 
JUSTICE K.R.UDAYABHANU -- PRESIDENT
PRONOUNCED :
Dated : 05 December 2009